L 29/20 (l) EN Official Journal of the European Union 4.2.2016 ‘branch’ of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that such third parties, although knowing that there will, if necessary, be a legal link with the parent body the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension; (m) ‘establishment’ means any type of business or commercial presence, including (i) the constitution, acquisition or maintenance of a juridical person (1); or (ii) the creation or maintenance of a branch or representative office (2) within the territory of a Party for the purpose of performing an economic activity; (n) ‘investor’ of a Party means a natural or juridical person that seeks to perform or performs an economic activity through setting up an establishment; (o) ‘services’ includes any service (3) in any sector except services supplied in the exercise of governmental authority; (p) ‘service supplied in the exercise of governmental authority’ means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers; (q) ‘services supplier’ means any natural or juridical person that supplies a service; (r) ‘supply of a service’ includes the production, distribution, marketing, sale and delivery of a service. Sec ti on 2 Es t a b l is hm en t and cr os s-bo rd er sup pl y o f se r vi ces S u b se ct i on 1 Al l e c o n o mic a c ti vi tie s Article 41 Scope and coverage 1. This Subsection applies to measures by the Parties affecting establishment in all economic activities and crossborder supply of services. 2. The Parties confirm their respective rights and obligations arising from their commitments under the GATS. For greater certainty, in regard to services, the Parties' respective GATS schedules of specific commitments (4), including the reservations and lists of most-favoured-nation exemptions, shall be incorporated into and made part of this Agreement and shall apply. Article 42 Progressive improvement of conditions for establishment 1. The Cooperation Committee meeting in trade configuration shall make recommendations to the Parties for the further liberalisation of establishment in the context of this Agreement. (1) The terms ‘constitution’ and ‘acquisition’ of a juridical person shall be understood as including capital participation in a juridical person with a view to establishing or maintaining lasting economic links. (2) Representative offices of a juridical person of the other Party are not allowed to carry out an economic activity on a commercial basis in the territory of the Republic of Kazakhstan. The European Union reserves the right to reciprocate in this regard. (3) For greater clarity, for the purpose of this chapter, services shall be deemed to be those listed in the WTO document MTN.GNS/W/120 in its up to date version. (4) For the Republic of Kazakhstan the reference includes the Chapter on Services of the Protocol on the Accession of the Republic of Kazakhstan to the WTO.