Best Investment Lawyers in Nur-Sultan

About Investment Law in Nur-Sultan, Kazakhstan

Nur-Sultan (formerly Astana), as Kazakhstan’s capital, serves as a key hub for both domestic and foreign investments in Central Asia. The government promotes an attractive investment climate, offering special economic zones and streamlined business procedures. Kazakhstan’s investment policies aim to encourage the inflow of capital, new technologies, and expertise, contributing to the country’s ongoing modernization efforts. Investors benefit from various protections under Kazakhstan’s laws, including guarantees against nationalization and transparent dispute resolution mechanisms.

Why You May Need a Lawyer

Seeking legal advice is crucial for anyone considering investment activities in Nur-Sultan. Common situations that require legal expertise include:

• Setting up a business or branch office
• Navigating licensing and permit requirements
• Negotiating shareholder agreements or joint ventures
• Reviewing and drafting investment contracts
• Ensuring compliance with tax, labor, and corporate regulations
• Participating in public-private partnership projects
• Understanding foreign exchange controls and currency regulations
• Handling real estate purchases or leases
• Resolving disputes or regulatory investigations
• Protecting intellectual property rights related to investments

A knowledgeable lawyer can help you avoid common pitfalls and ensure your investment is legally secure.

Local Laws Overview

Investment activities in Nur-Sultan are governed primarily by Kazakhstan’s national legislation, but several local and international frameworks are also relevant. Some key aspects of the legal environment include:

• The Law “On Investments”: This sets out the legal foundation for investment activity, including guarantees for foreign investors.
• Astana International Financial Centre (AIFC): The AIFC operates a special legal regime based on English common law, offering attractive conditions for financial services and related investments.
• Special Economic Zones (SEZs): Nur-Sultan hosts SEZs offering tax and customs benefits.
• Corporate Law: Compliance with laws on company formation, governance, and reporting is required.
• Taxation: Investors may qualify for certain incentives, but must understand applicable corporate, VAT, and withholding taxes.
• Land and Real Estate: Non-residents face some restrictions regarding land ownership but may lease land for investment purposes.
• Dispute Resolution: Investors can access local courts, international arbitration, or special AIFC courts, depending on the agreement in place.
• Currency Controls: Most cross-border investment flows are liberalized, but some sectors or large transactions require approval.

Careful review of these legal areas is recommended before committing capital.

Frequently Asked Questions

What are the main sectors for investment in Nur-Sultan?

The city is open to investment in real estate, financial services, IT, infrastructure, renewable energy, manufacturing, and trade. The government actively promotes public-private partnerships, especially for urban development.

Can foreigners fully own businesses in Nur-Sultan?

Yes, in most sectors foreigners can fully own businesses, except in limited strategic industries where special approvals or joint ventures may be required.

Are there any special economic zones in Nur-Sultan?

Yes, Nur-Sultan features special economic zones that offer incentives like tax benefits, customs exemptions, and simplified administrative procedures, especially for manufacturing and high-tech investments.

What legal protections are there for investors?

Investors are protected against expropriation, and disputes can be resolved through local courts, international arbitration, or specialized courts like the AIFC Court.

How do I set up a legal entity for my investment?

Investors can set up joint stock companies, limited liability partnerships, or branches. The process requires registration with governmental authorities and compliance with local corporate laws and regulations.

Are there restrictions on repatriating profits?

Generally, foreign investors can freely repatriate profits, dividends, and capital, subject to tax compliance and reporting requirements.

What are the main taxes applicable to investors?

Investors may be subject to corporate income tax, value-added tax (VAT), property tax, and social security payments. Special zones and certain activities may enjoy reduced rates or exemptions.

How do I participate in public procurement or PPP projects?

Public procurement is regulated and open to both local and foreign investors through tenders. PPP projects are encouraged in infrastructure, healthcare, education, and utilities with transparent bidding procedures.

Is it possible to resolve disputes outside of Kazakhstan’s local courts?

Yes, investors can specify in contracts to resolve disputes at the AIFC Court or through international arbitration institutions, offering flexibility and neutrality.

Do I need licenses or permits for my investment project?

Certain sectors such as banking, insurance, construction, and utilities require special permits or licenses. A lawyer can help identify and obtain the necessary documentation.

Additional Resources

For further information and assistance, consider these organizations and bodies:

• Ministry of Investments and Development of the Republic of Kazakhstan
• Astana International Financial Centre (AIFC)
• Kazakh Invest National Company (for investment support and facilitation)
• Atameken National Chamber of Entrepreneurs
• Nur-Sultan City Akimat (Municipal Administration)
• Local law firms specializing in investment and business law
• Chamber of Commerce and Industry of the Republic of Kazakhstan
• International law and advisory firms with offices in Nur-Sultan

Next Steps

If you are considering investing in Nur-Sultan, Kazakhstan, the following steps are recommended:

1. Clarify your investment goals and target sectors.
2. Conduct a preliminary review of relevant regulations and incentives.
3. Engage an experienced lawyer or legal advisor familiar with investment law and local processes.
4. Prepare the necessary corporate and identification documents.
5. Request a legal due diligence review of your planned project.
6. Initiate the company registration and licensing processes with professional support.
7. Consult with local authorities or investment support centers for current information and facilitation.
8. Ensure compliance with ongoing reporting, tax, and regulatory requirements after your investment is established.
9. If you encounter challenges, seek legal advice promptly to protect your interests.

Early legal guidance can safeguard your investment and help you navigate the business environment in Nur-Sultan with confidence.