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Commercial law

ARNA PARTNERS has extensive experience in drafting various types of civil contracts, starting with standard contracts regulating the operational activity of organization to non-standard and complex documents. Practice of ARNA PARTNERS in commercial law involves drafting of contracts providing maximum protection of Client’s interests and full compliance with the requirements of legislation of the Republic of Kazakhstan with due regard to the conditions of the contracting parties and Client’s area.

ARNA PARTNERS conducts contract examination regarding its compliance with Client’s interests and requirements of Kazakhstan legislation. In accordance with the results of examination ARNA PARTNERS provides its legal opinion or protocol of disagreements where ARNA PARTNERS points out provisions of the contract that do not correspond with legislation of the Republic of Kazakhstan and provides recommendations on minimization of the risks for Client, as well as offers alternative provisions on the basis of a current practice.

In case of amending conditions of a contract parties shall sing additional agreement. The amendments and additions could modify the structure of the previous contract, but in such a way to avoid any contradictions between the contract and the additional agreement in the future. In order to avoid disputes in the future it is necessary to analyze the main contract and make amendments and additions that correlate with the original document.

Rent agreement is a type of property lease agreements, the subject of which is a temporary usage of building, structure or premises. The essential term of the rent agreement is the sum of rent charges. Failure to comply with it entails the invalidation of the rent agreement. Rent agreement should clearly define the subject of the rent, as well as contain rights and obligations of the parties, payment procedure, rental period and other provisions.

Supply contract is one of the most widespread civil contracts. In fact, supply contract is a contract of sale and purchase of goods, but only between business entities. The essential term of a supply contract is the delivery time. Meanwhile, supply contract should reflect the name of the delivered goods, their quantity, quality, range and other characteristics. If the delivery is carried out with the participation of foreign partners it is recommended to use Incoterms rules, which, in its turn, strictly regulate the obligations of the parties, depending on the type of delivery.

Participation interest sale agreement regulates the relations on the transfer of participation interest in a particular legal entity for a certain sum of money. Participation interest sale agreement differs from other sale contracts. For example, the conclusion of the agreement must be preceded by fulfillment of priority rights, adoption of relevant resolutions, etc. If one of the contracting parties is a physical body, the agreement shall be notarized. Non-compliance with these requirements may lead to invalidation of the agreement.

Agreement of financial assistance without charge is an agreement of loan of money without the obligation to pay remuneration to the lender, i.e., without interest on the loan amount. The agreement of financial assistance without charge should include the sum of financial assistance, the conditions and procedures for loaning, terms and procedure for repayment of the sum of financial assistance, etc. We also recommend to our clients to add in the agreement terms and conditions of early repayment of financial assistance and other mechanisms to protect client’s interests.

In the services agreement contractor for monetary reward and on the instructions of the customer performs certain acts (conducts activities). Unless the agreement provides otherwise, the contractor should perform the services personally. For better mutual understanding of each other’s expectations from the agreement, it is important to specify in the agreement full list of services required from the contractor, establish the ways of controlling the process and quality of services rendering, terms and procedure of payments, etc.

Under the loan agreement lender transfers to borrower the ownership of money or items, and borrower undertakes to return to lender the same amount of money or an equal number of items of the same kind and quality. If gratuitousness of the loan agreement is not expressly provided in the laws of the Republic of Kazakhstan or loan agreement borrower shall pay to lender the remuneration in the amount established in the loan agreement. The loan agreement should define the sum of loan, loaning terms, sum of remuneration, procedure of payments, terms and procedure of loan repayment, etc.

Employment contract is the main document between employee and employer. Employment contract should contain provisions on rights and obligations of employee and employer, salary amount and payment procedure, work and rest mode, the procedure of amending and terminating employment contract and other obligatory aspects of the employment relationships. Properly designed and explicitly stated employment contract is able to prevent the disputable situations between employer and employee and guarantees the fulfillment of the obligations by each party.

Consortium agreement, i.e. an agreement on joint activities between legal entities, regulates the joint activities of several companies for the purposes of income acquisition or achieving other objectives not contradicting with the legislation. This agreement establishes the most significant aspects of the co-operation of companies: the procedure of joint business conduction, powers of each party, the sum and type of contribution in joint activity, etc. Moreover, the agreement could regulate the limits of liability of each consortium member, but it should be clearly defined who is responsible to creditors for each part of the work.

Sale contract is one of the most widespread civil contracts. Requirements for form and content of the sale contract directly depend on goods which name and number should be clear from the text of the contract. Non-compliance with this requirement may result in the invalidity of the sale contract. In addition to goods conditions, the sale contract must also contain the price of the goods and the procedure of payment, place and terms of goods transfer, moment of transfer of accidental loss risk and more.

Under a gift contract grantor transfers to grantee a property, property right, claims on grantor or third parties, release of grantee from its property obligation in front of himself or third parties as well as promise to grant it in the future. If grantor is a legal entity and the cost of a gift is more than 10 MCI or the gift is promised to grant in the future, the gift contract shall be concluded in writing. For gift granting it is necessary to stay in compliance with the list of requirements such as obtaining the relevant resolution of owner of the legal entity, consent of participants of joint property, etc. In addition, it is important to include in the gift contract the possibility of refusing from the gift granting, conditions for cessation of granting and other provisions or disputes that may arise among the parties.

In the business activity companies may face the necessity to enter into non-standard contracts. Non-standard contracts include mixed contracts, contracts complicated by additional terms and conditions, contracts that are not covered by the civil legislation of the Republic of Kazakhstan. For example, the concession contract, the contract of sale of subsoil use rights, the loan agreement with non-residents, etc. Non-standard contracts require special scrupulous approach to accurately reflect in the mechanism of interactions between parties, determine the legality of contract provisions and its optimal formulations.

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years of experience in legal consulting

14

years of experience in legal consulting

companies which trust us

48

companies which trust us

consultation in 2016

1146

consultation in 2016