Presentations and publications
Law "On Trading Activities"
The Amending Law is primarily designed to improve the regulation related to trading activities, including e-commerce. The new law also introduces a number of major amendments to associated laws, such as the Tax Code, Administrative Code, the Law "On Regulation of Trading Activities" (the "Law on Trading Activities") and the Law "On Commodity Exchange".
This Legal Alert will address only the amendments to the Law on Trading Activities.
Pursuant to the amendments introduced, with effect from 9 November 2015, the Law on Trading Activities ceased to apply to activities performed by financial organisations and operations (transactions) concerning financial instruments. As was previously the case, the Law on Trading Activities applies to trade in certain types of good (such as oil products, weapons, tobacco products and alcohol) to the extent that trade in such goods is not regulated by other specific laws.
Categories of Retail Facilities
• category 2: facilities with sales premises from 2,000 sq.m. up to 10,000 sq.m.;
• category 3: facilities with sales premises from 500 sq.m. up to 2,000 sq.m.;
• category 4: facilities with sales premises from 100 sq.m. up to 500 sq.m.; and
• category 5: facilities with sales premises of less than 100 sq.m.
Non-stationary retail facilities include vending machines, mobile shops, stalls (pavilions) and kiosks.
A universal trading market is defined as one designed for the sale of various goods.
The Amending Law has introduced a new definition of e-commerce, which is now considered "an entrepreneurial activity concerning the sale of goods via information technologies".
According to the Amending Law, a seller engaging in electronic trading should comply with the following actions:
• include the essential terms of any agreement in an offer and specify the procedure for their determination if in dispute, as well as other terms set out in the legislation of Kazakhstan;
• provide information on the procedure for concluding an agreement; and
• issue invoices and provide copies of accounting documents.
If electronic trading is performed through an intermediary, the intermediary must keep the information contained in electronic documents or messages confidential and should not disclose any such information to third parties, unless otherwise provided for in the agreement or in the laws of Kazakhstan.
Finally, a seller must arrange for the storage of electronic information resources, including through an intermediary in e-commerce.
For further information on the above issues, please do not hesitate to contact Elena Lee (Elena.Lee@mwp.kz) or Yerlan Serikbayev (email@example.com) at: +7 727 258 48 90.