Business Setup in Kazakhstan: Three Things Every Foreign Investor Should Know
According to the Bureau of National Statistics of Kazakhstan, almost every eighth legal entity in the country is registered with foreign participation1. In this article, taking into account recent legislative changes, we will highlight three key challenges that foreign investors may face when registering a business in Kazakhstan.
1. Business Immigrant Visa or Temporary Residence Permit Obtainment
Unlike companies established with the participation of foreign legal entities, the registration of companies with foreign individual founders is a more complex procedure. This is because, depending on their citizenship, foreign individuals must first obtain:
1) C5 Business Immigrant Visa (C5 visa): for citizens of all countries except those of the Eurasian Economic Union (EAEU); or
2) Temporary Residence Permit (TRP) as a Business Immigrant: for citizens of EAEU member states2 3.
An exception applies to immigrants who already hold a residence permit in Kazakhstan or a stateless person’s identity card.
Based on our recent practice, the absence of the required documents may lead to a rejection of company registration at any stage of the process. Courts have also established a consistent practice of invalidating company registrations under similar circumstances.
2. IIN - Individual Identification Number
Non-resident individuals acting as founders of a legal entity are required to obtain an Individual Identification Number (IIN) before the company is registered. The same requirement applies to non-residents appointed as directors of a legal entity, branch, or representative office — the IIN must be obtained before their appointment.
It should be noted that, starting from 2024, obtaining an IIN by proxy without the applicant’s personal presence is no longer possible.
Currently, the following options are available for obtaining an IIN:
1) In Kazakhstan: the applicant may travel to Kazakhstan and obtain an IIN in any Public Service Center5;
2) Through Kazakhstan’s embassies/consulates abroad: applicants may apply at authorized diplomatic institutions (the service is available in 100 foreign missions). However, this option is limited to specific categories of individuals, such as:
potential investors;
foreign citizens appointed as directors of legal entities, branch, or representative offices registered in Kazakhstan;
participants involved in the circulation of goods subject to labeling and traceability requirements;
potential applicants under the Digital Nomad Residency or Digital Nomad Visa programs;
producers and registrants of plant protection products (pesticides);
and other eligible categories5.
When applying through diplomatic institutions, supporting documents must be provided to prove eligibility (e.g., investment agreement, etc.).
Additional Note: the option to obtain an IIN through foreign diplomatic institutions is available until 31 December 2025, unless extended further.
3. Restriction on Obtaining an Electronic Digital Signature by Proxy
One of the most important steps after registering a business in Kazakhstan is obtaining an Electronic Digital Signature (EDS) issued in the name of the company’s director. The EDS is essential for all key online operations, including the submission of mandatory reports.
Starting from 28 June 2025, it will no longer be possible to obtain an EDS by proxy without the applicant’s personal presence. Accordingly, a non-resident director currently has the following options for obtaining an EDS:
1) Through Public Service Centers in Kazakhstan;
2) Through Kazakhstan’s embassies/consulates abroad. The list of authorized diplomatic institutions providing this service is available at: https://pki.gov.kz/en/posolstva-3/.
For resident directors, EDS can be obtained online via biometric (video) identification.
EDS is valid for one year. Given the increasingly complex procedure for obtaining an EDS, it is advisable to renew it online in advance, thereby minimizing the need to visit Public Service Centers or diplomatic institutions.
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As outlined above, registering a business involving foreign individuals in Kazakhstan entails a number of additional procedures and requirements. Being aware of the latest legislative changes helps avoid delays and refusals during the registration process and ensures smooth and uninterrupted business operations thereafter. From our side, we are ready to provide the necessary support at every stage of this process.
Information contained in this Overview is of a general nature and should not be regarded as legal advice or recommendation. Please note that Kazakhstan is an emerging market, and its legislation and legal system are continuously evolving. Should you have any questions regarding the information provided in this Overview, please feel free to contact us.
[1] Key Indicators of the Number of Entities in the Republic of Kazakhstan (as of 1 January 2025): https://stat.gov.kz/en/industries/business-statistics/stat-org/publications/282839/.
[2] Article 40-2 of the Law on Migration.
[3] The amendments requiring citizens of EAEU member states to obtain a temporary residence permit as business immigrants came into force on 28 May 2024.
[4] According to the Law of the Republic of Kazakhstan dated 23 December 2023 No. 50-VIII, as of 24 February 2024, an IIN can only be issued if the non-resident is physically present in the territory of Kazakhstan and personally appears at the registering authority.
[5] Joint Order No. 11-1-4/181 dated 27 March 2025.
- Key Indicators of the Number of Entities in the Republic of Kazakhstan (as of 1 January 2025): https://stat.gov.kz/en/industries/business-statistics/stat-org/publications/282839/.
- Article 40-2 of the Law on Migration.
- The amendments requiring citizens of EAEU member states to obtain a temporary residence permit as business immigrants came into force on 28 May 2024.
- According to the Law of the Republic of Kazakhstan dated 23 December 2023 No. 50-VIII, as of 24 February 2024, an IIN can only be issued if the non-resident is physically present in the territory of Kazakhstan and personally appears at the registering authority.
- Joint Order No. 11-1-4/181 dated 27 March 2025.
