ADVOCATE (LAWYER / ATTORNEY) IN KAZAKHSTAN

FOR FOREIGN COMPANIES

Debt Recovery · Asset Protection · Enforcement · Local Counsel Kazakhstan

A complete guide to debt recovery, protection of investments and assets, and legal representation (Local Counsel Kazakhstan)

If you are a foreign company, investor, supplier, provider, or manufacturer, and your money, equipment, or investments are located in Kazakhstan — this publication is written for you.

My name is Samat Serikovich Sagidanov.

I am a licensed Advocate of the Republic of Kazakhstan, a member of the Astana City Bar Association, practicing in the fields of:

• Debt recovery;

• Commercial and investment disputes;

• Asset protection;

• Representation of foreign companies in the courts of Kazakhstan;

• Enforcement of foreign court judgments and arbitral awards.

This article is not an advertisement.

It is a practical roadmap for those who do not know how to find a reliable, experienced, local advocate in Kazakhstan, especially if you:

• Are not from the USA;
• Are not from the EU;
• Are not from China;
• But are simply conducting business and have encountered a problem.

Publication prepared by Samat Serikovich Sagidanov

Advocate of the Astana City Bar Association

If you do not have time to delve into the details — you can contact me directly.

📞 WhatsApp / Phone: +7 702 847 80 20

📧 Email: garantplus.kz@mail.ru

👉 Initial consultation is free of charge

You can write in any language. I will arrange the translation myself and provide a correct and legally precise response to eliminate any misunderstandings and financial risks.

⚠️ If you do not want to deal with Kazakhstani courts and procedural nuances or risk your money — just write to me.

⚖️ Disclaimer

This publication is for informational purposes and does not constitute a public offer. Every case is individual and requires legal analysis.

Important for Foreign Clients

I do not promise the impossible and I do not take on cases just for the sake of the "process." If I accept a case, it means I see real legal instruments for asset recovery or for exerting pressure on the debtor. My goal is not a formal court decision, but a real result: money, property, or a controlled settlement agreement.

1. Why Foreign Companies Lose Money in Kazakhstan

Kazakhstan is a promising but legally specific jurisdiction. Foreign companies most often lose money not because the law is bad, but because they:

1.      ❌ act remotely;

2.      ❌ hire a "legal consultant" rather than an advocate;

3.      ❌ delay the moment of seeking help;

4.      ❌ do not apply for interim (injunctive) measures;

5.      ❌ do not control the enforcement stage.

Key mistake of foreigners:

"Often, foreign partners strive for a peaceful resolution through visits, calls, and official meetings. However, the specifics of debt recovery in Kazakhstan dictate other, tougher rules. In order for your attempts to negotiate not to become a tool for the debtor to stall for time and siphon off assets, I always suggest using a 'preemptive strike' tactic: an immediate lawsuit and seizure of property. By putting the opponent in a strict procedural framework and blocking their operations, we gain real leverage for a settlement agreement exclusively on your terms.

It is important to understand the bitter truth: in my practice, if a counterparty in Kazakhstan has already allowed a serious delinquency and stopped fulfilling obligations, the money will likely never be returned without harsh legal pressure. The only way to get back what is yours is to act fast, professionally, and from a position of legal strength."

— Advocate Samat Sagidanov

Therefore, in Kazakhstan, time = assets. While you are "corresponding," assets are being:

• Siphoned off;
• Re-registered;
• Sold;
• Zeroed out.

2. Advocate and Lawyer in Kazakhstan: What a Foreigner Must Understand

Foreigners search on Google / Yandex / Baidu for:

• lawyer in Kazakhstan
• attorney Kazakhstan
• jurist Kazakhstan
• local counsel Kazakhstan
• адвокат в Казахстане
• юрист в Казахстане для иностранцев

IMPORTANT:

In Kazakhstan, an Advocate is a lawyer with a license and procedural powers.

📌 Advocate = Lawyer / Attorney / Local Counsel

📌 Lawyer without advocate status = Legal consultant

If you need:

• court,
• seizure/arrest of assets,
• enforcement proceedings,
• pressure on the debtor,

— then you need an ADVOCATE, not a JURIST.

I consciously use both terms (advocate / lawyer) because foreigners think in terms of "lawyer," and that is correct.

3. In what situations do foreigners urgently need an advocate in Kazakhstan?

People contact me when:

• ❖ payment for goods or equipment has not been made;
• ❖ a loan or investment has not been returned;
• ❖ a contract has been breached;
• ❖ an EPC project has failed;
• ❖ equipment is being used without payment;
• ❖ assets have been siphoned off to affiliated companies;
• ❖ a counterparty has initiated bankruptcy;
• ❖ there is a foreign court or arbitral decision;
• ❖ a local counsel in Kazakhstan is needed.

If you recognize even one point — it is a legal alarm.

4. Debt recovery in Kazakhstan: how it works in practice

The algorithm is NOT THEORETICAL, but practical:

Step 1. Legal Audit

• contract;
• law;
• jurisdiction;
• evidence;
• assets.

Step 2. The Claim

Not a "letter," but a procedural document that:

• fixes the debt;
• prepares the ground for court;
• blocks manipulation.

Step 3. Lawsuit + Interim Measures

The most important stage.

• seizure of accounts;
• ban on registration actions;
• seizure of property.

Step 4. Court

• economic court;
• AIFC Court;
• arbitration.

Step 5. Enforcement

• work with Private Bailiffs (CHSI);
• asset tracing;
• control of asset realization.

❗ 90% of success depends on steps 1–3.

5. Supplies, factories, equipment, EPC, manufacturing

This is a separate category of disputes where ordinary lawyers lose.

Typical situations:

• equipment delivered — not paid for;
• line installed — no payment;
• goods received — claims made "retroactively";
• the manufacturing plant has been deceived;
• EPC contract failed.

Here it is important:

• to correctly qualify the obligations;
• to document the use of the equipment;
• to prevent resale.

I specialize specifically in such cases.

6. Investments, loans, shares: protection of foreign investors

Foreign investors face:

• non-return of loans;
• dilution of shares;
• siphoning off of assets;
• exclusion from management;
• fictitious bankruptcies.

An investment dispute ≠ an ordinary debt. Here, strategy, pressure, and speed are important.

7. Seizure of assets in Kazakhstan — the key to the result

Without interim measures, court is often useless. I file for:

• seizure of accounts,
• registration bans,
• restrictions on alienation,

before the debtor has time to siphon everything off.

8. Court and enforcement: the main trap for foreigners

Foreigners think: "We won the court — the money will be returned."

Reality:

• court — 50%;
• enforcement — 50%.

I do not drop a case after the decision. I bring it to the money.

9. Recognition and enforcement of foreign decisions in Kazakhstan

If you have:

• a US court decision;
• an EU court decision;
• arbitration (LCIA, ICC, CIETAC, etc.),

— it can be enforced in Kazakhstan.

I support:

• recognition;
• exequatur;
• real recovery through further work with the bailiff.

10. Why foreign companies choose me

• ✔ licensed Advocate of the RK;
• ✔ member of the Astana City Bar Association;
• ✔ practice with foreigners;
• ✔ recovery, not "process for the sake of process";
• ✔ understanding of cross-border risks;
• ✔ work throughout the territory of Kazakhstan.

I am a local advocate when your money is here in Kazakhstan and you need help. I regularly interact with foreign legal consultants, investment structures, and clients' compliance units.

11. Local Counsel Kazakhstan: what foreigners are actually looking for

Foreign companies are not just looking for a “lawyer.” They are looking for:

• local counsel Kazakhstan
• on-the-ground lawyer
• litigation & enforcement support
• asset recovery Kazakhstan
• dispute resolution local expert

That is, a person who:

• is physically located in the country;
• understands local courts, judges, and bailiffs;
• can act quickly, harshly, and procedurally correctly.

❗ Mistake of foreigners — hiring:

• a international firm without local practice;
• a consultant without an RK advocate's license;
• an "intermediary" who corresponds but does not act.

Local counsel is not a translator. They are a procedural player.

12. Why correspondence and "negotiations" in Kazakhstan often cause harm

A very common scenario: "We are negotiating so as not to spoil the relationship."

What happens in reality:

• the debtor stalls for time;
• assets are siphoned off;
• accounts are emptied;
• the company prepares for bankruptcy;
• fictitious debts are created.

📌 In Kazakhstan, negotiations work ONLY if:

• a lawsuit has been filed in parallel;
• interim measures have been imposed;
• the debtor understands that control is lost.

That is why I often start with court, not persuasion.

13. Interim measures: the main tool of pressure

For a foreign company, this is the most undervalued tool.

What can actually be seized:

• bank accounts;
• real estate;
• vehicles;
• equipment;
• shares in an LLP;
• corporate rights;
• bans on registration actions.

❗ Important: if interim measures are not filed on time, then later:

• the property is already "someone else's";
• assets are formally absent;
• the court becomes a formality.

I always view a case through the prism of "what and how to seize."

14. Siphoning off assets and affiliated persons

A classic scheme in Kazakhstan:

• there is debt;
• the company is empty;
• assets are with a "subsidiary," "partner," or "relative."

❗ This is NOT a dead end.

Possible tools:

• challenging transactions;
• proving affiliation;
• vicarious (subsidiary) liability;
• bankruptcy mechanisms;
• parallel lawsuits.

But this only works with the right strategy, not template lawsuits.

15. Bankruptcy: threat or tool?

Many foreigners fear the word "bankruptcy."

In Kazakhstan, bankruptcy:

• can be fictitious;
• can be controlled by the debtor;
• but can also be a creditor's weapon.

I use bankruptcy:

• to uncover assets;
• for pressure;
• to hold controlling persons liable.

❗ The main thing is not to miss the moment of entry.

16. The judicial system of Kazakhstan: without illusions, but without myths

Yes, foreigners often fear:

• "local courts";
• "administrative resources";
• "lack of transparency."

The reality is more complex and honest:

• courts work according to documents;
• a weak position loses even if it is "local";
• a strong evidence base decides.

📌 The problem is not the courts, but poor preparation.

17. AIFC Court and the AFSA/AIFC: When It’s Actually Necessary

The AIFC Court is a powerful tool, BUT:

• it is not universal;
• it is not for all types of disputes;
• it is not always faster.

I honestly assess:

• which venue is more cost-effective;
• where assets can be seized more quickly;
• where the chances of enforcement are higher.

Sometimes a regular economic court is much more efficient than a "trendy" jurisdiction.

18. Judgment Enforcement: The Bailiff is a Key Figure

The Private Bailiff (ChSI) is half the success.

Common problems for foreigners:

• failure to control the bailiff;
• failure to understand their powers;
• thinking that "they will do everything themselves."

The reality:

• The bailiff must be guided, directed, and monitored;
• Motions must be filed constantly;
• Asset searches must be conducted in parallel.
• Documents must be submitted to the Court acting both on behalf of the Bailiff and on behalf of the Client.

I work in tandem with the enforcement stage, not just "up until the court trial."

19. Why a "Cheap Lawyer" is the Most Expensive Mistake

Foreigners often say: "We found a cheaper lawyer."

What usually happens:

• lost interim/injunctive measures;
• wasted time;
• lost assets;
• impossibility to fix the situation.

In legal disputes: Cheap = Late = Useless.

20. Working Format with Me

• remotely (without the need for travel);
• via power of attorney;
• transparent strategy;
• focus on results;
• no "procedural imitation."

I do not take on cases if:

• I understand that there will be no result;
• the client is not ready to take action;
• the task is to "just try."

21. Major Mistakes of Foreign Companies in Kazakhstan

These mistakes are repeated in 80% of cases:

❌ Mistake #1. Long-term "Observation"

Foreign companies:

• wait for payment;
• rely on good faith;
• fear "escalating" and consciously search for non-existent threats from regulators.

Result: assets disappear, money becomes inaccessible, and the case becomes many times more complicated.

In Kazakhstan, Time = Assets.

❌ Mistake #2. Relying Only on the Contract

The contract is important, but:

• without an enforcement strategy, it is useless;
• without interim measures, it is just a declaration.

I always evaluate not just the contract, but the reality of recovery.

❌ Mistake #3. Using Foreign Lawyers Without Local Counsel

This leads to:

• procedural errors;
• court refusals;
• delays in deadlines;
• loss of the court's trust.

Local counsel is not an option; it is a necessity.

❌ Mistake #4. Saving Money at the Initial Stage

Saving on asset analysis, interim measures, or lawsuit strategy almost always leads to the non-recovery of the debt.

22. Debt Recovery by Stages (Clear for Foreigners)

Stage 1. Legal Analysis: Contracts, jurisdiction, applicable law, arbitration clauses, debtor's assets.

Stage 2. Urgent Measures: Claim (if needed), interim measures, fixation of evidence, parallel asset search.

Stage 3. Court in Kazakhstan: Filing a lawsuit, participation via representative, deadline control, protection against procedural manipulations.

Stage 4. Enforcement: Selection of a bailiff, asset tracing, seizures, actual recovery.

📌 My work does not end with the court decision.

23. Recognition and Enforcement of Foreign Decisions in Kazakhstan

Foreign companies often ask: Can a court decision from the EU, China, the UK, or an arbitration award be enforced in Kazakhstan?

Answer: Yes, but with nuances.

It is important to consider: international treaties, reciprocity, procedural requirements, and risks of refusal. I assess the prospects BEFORE filing, not after the fact.

24. Arbitration vs Court: What Should a Foreigner Choose?

Arbitration is not always better. I help you choose: Kazakhstani court, international arbitration, AIFC Court, or a combined strategy. The goal is one — enforcement, not just a "beautiful" decision.

25. Why Advocate in Kazakhstan = Lawyer (for Foreigners)

For a foreign company, it is important to understand:

• an Advocate is a licensed representative;
• "Lawyer" is a general term;
• An Advocate can do everything a lawyer can, and more.

📌 Therefore, searches for: lawyer Kazakhstan, attorney Kazakhstan, jurist Kazakhstan — all lead to the same specialist.

26. Confidentiality and Security

Critical for foreign clients:

• absence of leaks;
• protection of commercial information;
• minimization of reputational risks.

I observe: attorney-client privilege, confidentiality of negotiations, and secure communication formats.

27. Who This Article Is For (Once Again — Clearly)

This information is intended for:

• foreign investors;
• equipment suppliers;
• manufacturers;
• traders;
• holdings;
• foreign lawyers (referral);
• companies with debts in Kazakhstan;
• individuals who relied on good faith in Kazakhstan.

28. Enforcement Stage — Real Recovery, Not a "Paper Victory"

Most foreign companies mistakenly believe that a won court case automatically means the return of money. In Kazakhstan, the key is the compulsory enforcement stage, where without professional advocate support, a court decision may remain a formality. An advocate ensures the initiation of enforcement proceedings, control of bailiffs, filing of complaints against their inaction, asset tracing, and application of interim measures.

29. Asset Tracing — Searching for Debtor Assets in Kazakhstan and Abroad

Dishonest debtors often siphon off assets in advance or use nominal companies. A professional advocate conducts legal and financial asset tracing: analysis of corporate links, transactions, bank operations, and actual business control to return assets to the bankruptcy estate or for seizure through the court.

30. Freezing Orders and Interim Measures — Protecting Money Before the Decision

A key mistake of foreign creditors is waiting for the end of the trial. In Kazakhstan, it is possible to apply interim measures at any stage, including account freezes and asset blocking. An advocate initiates such measures before the debtor has time to hide assets.

31. Recognition & Enforcement of Foreign Judgments and Arbitration Awards

Kazakhstan recognizes and enforces foreign judgments and arbitration awards. However, the procedure requires strict compliance with procedural requirements. An advocate ensures recognition and neutralizes debtor attempts to stall the process or challenge jurisdiction.

32. EPC, Equipment, Factories — Protecting Supplies and Industrial Projects

A special category of disputes involves EPC contracts and technological lines. In these cases, control over objects, deadlines, and warranties is vital. An advocate provides comprehensive protection: from damage recovery to the return of equipment or its value.

33. Investors & Loans — Protecting Investments and Returning Loans

Legal strategy is built not only on filing a lawsuit but also on pressure through assets, corporate rights, and international consequences. This allows for either the return of funds or compelling the debtor into a favorable settlement.

34. Why “Attorney = Lawyer” in Kazakhstan Matters

In Kazakhstan, an Advocate has special procedural rights that an ordinary lawyer or consultant does not have. This includes access to case materials, advocate inquiries, and a stronger position in courts. For foreign companies, choosing an advocate over a "legal consultant" is a critical success factor.

35. Risks & Fatal Mistakes of Foreign Companies

Common mistakes: signing contracts without local adaptation, lack of security mechanisms, ignoring the enforcement stage, and trusting intermediaries without advocate status. These mistakes cost millions of dollars.

36. Step-by-Step Legal Strategy (Short Overview)

1.      Analysis of contract and actual risks.

2.      Urgent interim measures.

3.      Court proceedings / Arbitration.

4.      Asset tracing and pressure on the debtor.

5.      Compulsory enforcement.

6.      Actual receipt of money or assets.

37. Currency Control and Repatriation of Funds Outside of Kazakhstan

One of the most frequent fears: "Can we actually take the money out of Kazakhstan?" Kazakhstan has currency regulations and National Bank requirements. My work does not end with receiving money in a local account. I support the legally correct repatriation of funds:

• confirming the legal basis for the transfer;
• compliance with currency legislation;
• minimizing the risk of payment blocking;
• interaction with banks and compliance units.

My Goal is not just to recover Tenge, but to get the money to your foreign account legally and without delays.

38. Chinese Suppliers, Factories, and Belt & Road Projects in Kazakhstan

Kazakhstan is a key country for Chinese investments, manufacturing plants, and projects under the Belt and Road Initiative.

Typical problems faced by Chinese companies:

• non-payment for delivered equipment;
• use of factory production lines without final settlement;
• attempts to dispute quality after acceptance;
• siphoning of assets to affiliated LLPs;
• difficulties with the enforcement of CIETAC arbitration awards.

I handle disputes involving Chinese companies taking into account:

• FOB / CIF / DDP contracts;
• CIETAC and international arbitration;
• practice of Kazakhstani economic courts;
• real enforcement and on-site seizure of equipment.

Key feature: In Kazakhstan, it is often faster and more efficient to act through state courts with interim measures than to wait for foreign arbitration, especially if the equipment and assets are already in the country.

39. Remote Participation and Digital Justice in Kazakhstan

Foreign companies do not need a personal presence in Kazakhstan to conduct court cases. I provide full support through state digital systems (including the "Judicial Cabinet"):

• online filing of lawsuits and motions;
• monitoring of deadlines and procedural actions;
• participation in hearings via representative;
• providing the client with access to case materials.

You can monitor the process remotely from any country, while I perform all procedural actions directly in the courts of Kazakhstan.

40. Asset Tracing: Search for Assets as a Legal Tool

Asset tracing is not a private investigation; it is the procedural work of an advocate. I utilize:

• advocate inquiries;
• analysis of corporate ties and affiliations;
• verification of registrations for real estate, vehicles, and shares;
• identification of sham transactions and nominal owners.

This allows not just "finding assets," but proving the debtor's control over them to achieve seizure or to challenge the alienation of property in court.

41. Turkish Companies, Middle East, and Investments in Kazakhstan

Kazakhstan actively works with Turkish and Middle Eastern companies in the fields of construction, EPC, trade, and investment. These disputes often involve:

• complex loan structures;
• investment agreements;
• corporate conflicts;
• assets registered under multiple legal entities.

I handle such cases considering international contracts, cross-border payments, and real enforcement within Kazakhstan.

42. Frequently Asked Questions (FAQ)

Question: Can you act as Local Counsel in Kazakhstan for foreign law firms?

Answer: Yes. We collaborate in various formats, including referral agreements and as co-counsel for joint case management.

Can a debt in Kazakhstan be recovered without traveling there?

Yes. Through an advocate acting under a power of attorney.

How long does court take?

On average, 2–4 months + enforcement.

Can accounts be frozen immediately?

Yes, with the proper legal justification.

Do you work with China / EU / USA / Turkey?

Yes. The client can write in any language.

Can a debt be recovered without a contract?

In specific cases—yes.

What to do if the debtor is siphoning off assets?

Urgent interim measures.

Do you work with arbitrations?

Yes, including recognition and enforcement. However, I repeat: arbitration is not always the best choice; often, the state economic court makes decisions much faster and more conscientiously.

43. Final Conclusion

If your company:

• invested in Kazakhstan;
• supplied goods or equipment;
• issued a loan;
• entered into a contract;
• faced non-payment —

You need a local advocate in Kazakhstan who:

• understands the courts;
• knows the enforcement process;
• acts quickly;
• works for results.

44. Contacts and Direct Inquiry

Advocate in Kazakhstan — Samat Serikovich Sagidanov

Member of the Astana City Bar Association

📞 WhatsApp / Phone: +7 702 847 80 20

📧 Email: garantplus.kz@mail.ru

👉 Initial consultation — Free of charge

45. Final Call — Immediate Legal Action Saves Assets

Every day of delay works in favor of the debtor and against your assets. The earlier a foreign company engages an advocate in Kazakhstan, the higher the probability of full fund recovery and investment protection.

Advocate contact details are provided at the beginning of the article. Consultation is available remotely.