Representing an LLP in court requires more than choosing a person and writing “represent our interests”. First check whether the person is eligible to act as a representative under the Civil Procedure Code, then how their authority is evidenced. Signing a claim, entering into a settlement and other acts under Article 60 require express wording in the power of attorney.
This guide is for the head of an LLP involved in civil court proceedings in Kazakhstan. It helps check the representative and scope of authority, rather than draft a universal power of attorney. Criminal and administrative proceedings, arbitration and AIFC Court proceedings are outside its scope.
The rules were checked on 12 September 2026. The working checks below are KLC recommendations; statutory lists apply with regard to the representative’s status and the particular act.
1. Decide who will conduct the case
Under Article 57 of the Civil Procedure Code, a legal entity’s cases are conducted by its head within the powers granted and/or by representatives. The head produces documents establishing their official position or authority. Their participation and that of an external representative therefore cannot be documented as identical situations.
Article 58 includes, among others, advocates, employees acting in their employer’s cases and members of a chamber of legal consultants. A law degree or service agreement alone does not establish eligibility under a Code category. Also check Article 59’s restrictions and, when choosing a representative for cassation, Article 57(3).
If an employee of another group company is instructed, calling the companies “partners” is insufficient. The Code permits this category where the same person exercises direct or indirect control; Article 61 requires additional supporting documents.
Source: Civil Procedure Code, Articles 57–59 and 61.
2. Separate status from authority
| Who participates | What to check | What is insufficient |
|---|---|---|
| LLP head | Documents establishing position or authority and limits of competence | Merely stating a job title in correspondence |
| Company employee | Eligibility under Article 58 and properly documented authority | Employment alone without checking the instruction |
| Advocate or legal consultant | The relevant status and authority documents required by the Code | A service agreement alone |
For an advocate, Articles 58 and 61 provide for an advocate’s identity document and written notice of defence or representation. A power of attorney is needed for special acts under Article 60. A legal consultant produces proof of chamber membership.
Article 61(5) allows the categories it specifies, including legal consultants, to be authorised by an oral statement from a principal participating personally in the hearing, entered in the hearing record. This does not mean that any oral instruction outside a hearing replaces documents. Check special powers separately under Article 60.
Source: Civil Procedure Code, Articles 58, 60 and 61.
3. Which acts require express authority?
Article 60 requires each delegated power listed in paragraph 1 to be expressly provided for in the power of attorney. Examples include:
- signing a claim;
- concluding a settlement or dispute-resolution agreement under the procedures specified in the article;
- withdrawing a claim in whole or in part, or admitting a claim;
- changing the subject matter or grounds of a claim;
- delegation of authority to another person;
- appealing a judicial act through appeal or cassation;
- requesting compulsory enforcement and receiving awarded property.
This is not the complete Article 60 list. Read the entire provision before signing: it includes other acts, such as referring a case to arbitration or the AIFC Court, review on new or newly discovered circumstances and withdrawal of the relevant appeals.
Do not grant every power automatically. Decide which acts the company actually delegates and which require separate approval. Internal arrangements for agreeing the litigation position do not replace proper authority documentation for the court.
Example: an LLP wants its representative to attend hearings and file motions, but does not yet authorise a settlement. General wording about conducting the case must not be treated as permission to settle. If the company later decides to grant that power, the documents need to be completed before the act is performed.
Source: Civil Procedure Code, Article 60.
4. Check the power of attorney as a document
Under Article 61, a legal entity’s power of attorney is issued by its head or another authorised person. It is submitted to the court in writing or as an electronic document authenticated by the principal’s electronic digital signature. An ordinary file should not automatically be treated as such an electronic document without checking authentication.
Check the issue date and term. Civil Code Article 168 provides that a power of attorney without an issue date is void; if no term is specified, it remains valid for one year from issue. The maximum term is three years; specifying a longer period does not extend validity beyond three years.
Separately assess Civil Code Article 167 requirements: an authorised signature and a seal if the organisation is legally required to have one. For authority to receive or issue money and other property valuables, paragraph 7 also requires the chief or senior accountant’s signature. Notarisation depends on the powers granted and applicable rules; “every LLP power of attorney needs a notary” is not an appropriate universal rule.
Sources: Civil Procedure Code, Article 61 and Civil Code, Articles 167–168.
Five checks before handing over the case
- Identify the court, stage and task: attending a hearing, signing a claim, appealing or another act.
- Check the representative’s eligible category and status documents.
- Compare intended acts with the complete list of special powers in Article 60.
- Check the power-of-attorney signatory, date, term and applicable form requirements.
- Give the representative the case documents and agree how the litigation position, settlement proposals and new procedural acts will be discussed.
Legal-work costs depend on the task and stage. This guide does not set a universal fee, case duration or guarantee of success. Checking authority does not replace assessment of the dispute itself and its procedural deadlines.
Next step
For a representation check, open Court representation. Prepare case details, current court documents, a draft power of attorney and the acts you want to delegate. The final document set is clarified after reviewing the circumstances.
If the dispute concerns non-payment by a counterparty, separately assemble evidence using A counterparty has not paid your LLP. For organising internal powers and corporate documents, see Business support.