Additional assessment
Additional assessment
In certain cases, where the Registrar of Companies identifies a need for enhanced regulatory assessment, additional documentation will be requested. This ensures that all relevant factors are appropriately considered before proceeding with the standard application review.
During this assessment, the applicant is required to submit the following key documents:
- Legal Opinion: Must be prepared by a reputable Kazakhstani law firm recognised by directories such as Chambers Global, The Legal 500, or a firm licensed by AFSA. This document should include:
- Sanctions Analysis: Verification against major international sanctions lists, including OFAC (USA), EU, UK, UN, Australia, and Canada.
- Comprehensive Due Diligence: Assessment covering criminal records, AML/CFT compliance, any litigation history, and media checks for negative information.
- Legal Authorisation Evidence: Assurance that the applicant company is authorised by the laws of jurisdiction in which it is incorporated to transfer incorporation to the AIFC and meets all the legal requirements.
- Business Plan should include:
- Detailed description of the applicant company’s activities and strategic goals.
- Rationale for the transfer of incorporation to the AIFC.
- Market analysis, planned projects, and an overview of the company’s operational strategy in the AIFC.
- Financial Plan should include:
- Projected financial statements for the next three years.
- Overview of expected revenue, expenses, and initial capital.
- Explanation of the source of funds and planned investments.
- Employment Plan should include:
- Detailed staffing strategy for the next three years.
- Total number of employees, including positions and job titles.
- Breakdown of local and foreign employees, specifying the countries of origin for any foreign staff.
Please note: The Registrar of Companies may request further supporting documents or details beyond those listed above, depending on the specifics of the applicant’s case.
In certain cases, as part of the enhanced regulatory assessment, the Registrar may initiate one or more interviews with the applicant’s representatives to evaluate their understanding of the business operations, strategic plans, and regulatory obligations under the AIFC framework.