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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2017 No. 264

About approval of Rules of release and the circulation of bank deposit certificates

(as amended of the Resolution of Board of National Bank of the Republic of Kazakhstan of 19.11.2019 No. 203)

According to the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of release and the circulation of bank deposit certificates.

2. Recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of April 21, 2003 No. 140 "About recognition of bank deposit certificates securities and modification of the resolution of Board of National Bank of the Republic of Kazakhstan of June 2, 2000 No. 266 "About approval of the Instruction about procedure for opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan", registered in the Ministry of Justice of the Republic of Kazakhstan at No. 1199" (registered in the Register of state registration of regulatory legal acts at No. 2343);

2) the resolution of Board of National Bank of the Republic of Kazakhstan of September 1, 2003 No. 319 "About approval of Rules of release and the circulation of bank deposit certificates and modification of the resolution of Board of National Bank of the Republic of Kazakhstan of April 21, 2003 No. 140 "About recognition of bank deposit certificates securities and modification of the resolution of Board of National Bank of the Republic of Kazakhstan of June 2, 2000 No. 266 "About approval of the Instruction about procedure for opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan", registered in the Ministry of Justice of the Republic of Kazakhstan at No. 1199", registered in the Ministry of Justice of the Republic of Kazakhstan at No. 2343" (registered in the Register of state registration of regulatory legal acts at No. 2508).

3. To department of methodology of the financial market (Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this resolution the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and item 4 of this resolution.

4. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

6. This resolution becomes effective after ten calendar days after day of its first official publication.

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 22, 2017 No. 264

Rules of release and circulation of bank deposit certificates

1. These rules of release and the circulation of bank deposit certificates (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and determine procedure for release and the address by banks of the second level of bank deposit certificates (further - the deposit certificate).

2. In Rules the following concepts are used:

1) nominal value of the deposit certificate - the monetary value of cost of the deposit certificate determined in case of its release on which the remuneration expressed as a percentage is charged;

2) authorized body - authorized body on regulation, control and supervision of the financial market and the financial organizations;

3) emitting bank - the bank of the second level performing release of the deposit certificate.

3. Release of deposit certificates by emitting bank is performed in the presence of the license for release of own securities (except for shares) issued by authorized body.

4. Deposit certificates are issued in paperless form.

5. Nominal value of deposit certificates is expressed in national currency of the Republic of Kazakhstan - tenge.

6. Accounting and confirmation of the rights according to deposit certificates are performed by emitting bank.

7. During incomplete placement of deposit certificates of one release modification of conditions of release of the deposit certificate is not performed.

8. The board of directors of emitting bank approves the internal documents containing the following data:

1) procedure for release of deposit certificates;

2) accounting treatment for deposit certificates;

3) procedure and conditions of payment of nominal value of deposit certificates;

4) procedure and conditions of payment of remuneration on deposit certificates;

5) procedure and conditions of payment of penalty (penalty, penalty fee) in case of untimely repayment of deposit certificates and (or) untimely payment of remuneration for deposit certificates;

6) the list of leading employees of emitting bank, representatives to sign the purchase and sale agreement of the deposit certificate (further - the agreement);

7) other conditions connected with release and the circulation of deposit certificates.

9. Release and the circulation of deposit certificates is performed based on the agreement signed between emitting bank and the holder of the deposit certificate which contains:

1) information on emitting bank:

full and short name;

business and identification number;

date of state registration (re-registration);

location and actual address;

contact information, including numbers of contact telephone numbers, the fax and the e-mail address;

2) data on the deposit certificate:

nominal value of the deposit certificate;

start date of the address and circulation period of the deposit certificate;

3) data on remuneration according to the deposit certificate:

remuneration rate type according to the deposit certificate;

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