Blog of our mind

In order to ensure duly protection of  rights and basic freedoms and, in particular personal privacy regardless of citizenship and place of living, in view of today’ automatic data processing,  the European Council Member States adopted Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg, 28 January 1981 with Additional Minutes to the Convention on Supervisory Bodies and Cross-Border Data Transmission, Strasbourg, 8 November 2001).

Most professionals involved in supporting corporate operations are used to the idea that instruments of incorporation (pre-incorporation contract and/or charter) need to be notarized and registered with the justice department.

The responsibility of the legal entity and its officials is one of the most important issues of corporate law.

According to Kazakhstan legislation, the officials of the legal entity are the head of the sole executive body, the members of the collegial executive body, the members of the Board of Directors (JSC) and members of the supervisory board (LLP).

We had an issue in practice, what should the state court do when it receives the claim regarding the violation of the works contract, which has the arbitration clause.

According to the general provisions of civil legislation, the persons performing obligations may be changed further to the transaction, or based on the legislative act. Thus, it is assumed that the parties of any contract are entitled to assign a claim (with or without the debtor’s consent) or transfer a debt (with the creditor’s consent).

Unlike state procurement supply agreements which in most cases require to provide a bank guarantee as a security of obligations, in simple supply agreements the obligations performance very oft are secured by penalty only.