Contract Drafting for Business in Kazakhstan | GK and Partners

CONTRACT DEVELOPMENT

CONTRACT DEVELOPMENT

We draft and review contracts that take into account the interests of the business, the tax consequences of the transaction and the requirements of the law. We work with supply, services, works, loan and joint activity contracts, consortium agreements and contracts with foreign counterparties.

If a counterparty has sent its own draft, we will review it, point out hidden risks and prepare reasoned amendments. A well-drafted contract reduces the risk of disputes, helps to receive payment on time and keeps the relationship with the counterparty predictable.

We prepare charters, participants’ resolutions and other corporate documents under the service “Corporate Documentation and Resolutions” separately from contracts. If a counterparty does not pay under a contract, we will help recover the debt under the service “Debt Recovery” by means of a demand letter, a notarial enforcement endorsement or court proceedings.

WHEN IS PROFESSIONAL CONTRACT DEVELOPMENT NECESSARY?

HOW DO WE ACHIEVE RESULTS?

Business objective analysis

We study the transaction goals, commercial interests, specifics of relations with the counterparty, and industry characteristics.

Legal audit

We check existing contracts or drafts proposed by counterparties for compliance with legislation, identify gaps, contradictions, and risks.

Industry expertise

We take into account the requirements of special legislation (tax, labor, customs, currency, etc.) as applied to your business.

Contract development

We create a balanced contractual structure with clear wording, protection mechanisms, and dispute resolution procedures.

Protection mechanisms

We build into the contract terms on liability, securing obligations, termination procedures, and dispute settlement.

Negotiation support

We participate in agreeing on terms with counterparties, protect your interests, and find mutually acceptable solutions.

Finalization and explanation

We prepare the final version of the contract and explain in detail to the team the key terms, risks, and course of action in case of disputes.

Our approach

A business process view. Gabitzhan Kudaibergen, the head of the firm, holds an MBA degree. That is why we build a contract around how your business actually works: supplies, payments, allocation of responsibility and the procedure for changing terms.

Tax consequences of the transaction. The firm's tax specialisation allows us to take the tax obligations of the parties into account before signing: VAT, CIT deductions, withholding tax, risks of requalification of the transaction.

Legal precision. The wording complies with the legislation of the Republic of Kazakhstan and established practice rather than standard templates. A contract must work in a dispute too.

Cross-border transactions and preferential regimes. We take into account the specifics of transactions with foreign participants, as well as conditions that make it possible to preserve the benefits of Astana Hub and AIFC participants.

Cost

Drafting a contract from KZT 500,000. The final cost depends on the complexity of the transaction, the number of parties and the scope of coordination, and is set in the contract.

Practice examples

Consortium with a foreign partner

Situation. A Kazakh company and a foreign manufacturer operating in Kazakhstan through a representative office planned to jointly perform a long-term service contract with a major customer. The foreign partner had no branch or bank account in Kazakhstan.

Task. To structure the cooperation without forming a legal entity and to agree with the customer on the consortium's participation in the main contract.

Result. A consortium agreement allocating roles, responsibility and settlements was prepared, together with an additional agreement to the main contract under which the consortium becomes a party to the contract.

A contract framework for an IT project with an AI assistant

Situation. A company was developing an IT project based on a platform with an AI assistant and planned to engage external experts, taking Astana Hub requirements into account.

Task. To structure the project's contracts so that they match the tax and corporate conclusions on the structure of the business and take Astana Hub requirements into account.

Result. A set of documents was prepared: a public offer agreement for users, a contract with experts, electronic document management terms and a user agreement, consistent with each other and with the conclusions of the memorandum.

Joint activity on an educational project

Situation. A commercial organisation and a public foundation decided to implement an educational project by pooling contributions in joint activity and to lease premises for it.

Task. To fix the contributions, the procedure for managing common affairs and distributing results, and to align the lease with the terms of the joint activity.

Result. The joint activity agreement was refined and amendments to the lease were prepared: the tenant acts as the leader, and the foundation is the payer under the lease.

Questions and answers

From KZT 500,000. The final cost depends on the complexity of the transaction, the number of parties and the scope of coordination, and is set in the contract.

Yes. We will review the draft, highlight unfavourable and hidden terms, assess the tax consequences and prepare reasoned amendments.

Yes. We assess the tax obligations of the parties before signing so that the contract terms do not create unnecessary tax risks.

Yes. We take into account the specifics of cross-border transactions, including the requirements of currency and tax legislation, the provisions of double taxation treaties and the specifics of regulation in the other state.

Need a contract or a review of transaction terms? We will take tax consequences and legal risks into account

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