RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2018 No. 249

About approval of Rules of implementation of activities for maintaining system of registers of security holders

According to the Law of the Republic of Kazakhstan "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of activities for maintaining system of registers of security holders.

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix to this resolution.

3. To department of regulation of the non-bank financial organizations (Kosherbayeva A. M.) 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 its direction 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 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 Kurmanov Zh. B.

6. This resolution becomes effective since January 1, 2019 and is subject to official publication.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of October 29, 2018 No. 249

Rules of implementation of activities for maintaining system of registers of security holders

Chapter 1. General provisions

1. These rules of implementation of activities for maintaining system of registers of security holders (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About the security market" (further – the Law on the security market) and establish procedure of activities of the central depositary for maintaining system of registers of security holders (further – system of registers).

2. For the purposes of Rules the following concepts are used:

1) the personal account of the issuer opened for accounting of issued securities which circulation period expired - the personal account opened for the issuer in system of registers for accounting of issued securities which circulation period expired and the issuer obligations on their repayment, the holders of these securities charged off personal accounts are not fulfilled;

2) authentication - confirmation of the identity of the client, authenticity and correctness of creation of the electronic document by use of the procedure of safety;

3) the register of security holders - set of information about the security holders for certain date allowing to identify these holders, and also type and quantity of the securities belonging to them (rights to claim according to obligations of the issuer on issued securities);

4) personal account of the security holder - the personal account opened in system of registers for the registered person who is the owner of securities (rights to claim according to obligations of the issuer on issued securities) and (or) on which registration of transactions is performed and accounting is right on issued securities;

5) biometric identification – the procedure of identification of the client for the purpose of unambiguous confirmation of its rights to electronic services on the basis of its physiological and biological features taking into account requirements of the Law of the Republic of Kazakhstan "About personal data and their protection";

6) the one-time password - the password valid only for one session of authentication of subjects of receipt of services electronically;

7) dynamic identification of the client - the procedure of establishment of authenticity of the client for the purpose of unambiguous confirmation of its rights to services by use of disposable (one-time) or reusable code;

8) the depositor - the client of the central depositary performing the functions determined by Item 1 of article 59 of the Law on the security market;

9) personal account of the issuer for accounting of the announced securities - the personal account opened in system of registers for the issuer on whom accounting of not placed issued securities is performed;

10) the register of members of limited liability partnership - set of information about members of limited liability partnership for certain date;

11) the register of holders of shares of mutual investment fund - set of information about holders of the shares of mutual investment fund for certain date allowing to identify these holders, and also type and quantity of the shares belonging to them;

12) Islamic securities - Islamic rent certificates and Islamic participation certificates;

13) personal account of the general representative - the personal account opened in system of registers for the general representative of participants of common property on whom accounting of the securities (rights to claim according to obligations of the issuer on issued securities) belonging on the property right to several persons is performed;

14) the password - the unique sequence of electronic digital symbols created by software and hardware at the request of the client and intended for reusable use during the certain period of time by provision of access to the client to electronic services of the central depositary;

15) transaction in system of registers - set of actions of which introduction of the registers this in system or their change and (or) preparation and provision of information from system of registers is result;

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

17) personal account of the issuer for accounting of the placed issued securities unclaimed by their holders - the personal account opened for the issuer in system of registers for accounting of the placed issued securities paid by the holder (holders) but not enlisted on its front (front) the account (account) in connection with non-presentation by the holder (holders) corresponding (corresponding) the order (orders);

18) electronic services - the services provided to the client through mobile application or private office in implementation of transactions on personal account and (or) information transactions, and also the services provided by the central depositary according to the set of rules of the central depositary;

19) personal account of the issuer for accounting of the redeemed securities - the personal account opened in system of registers for the issuer on whom accounting of the issued securities redeemed by the issuer in the secondary security market, and also enlisted in this respect according to Items 53 and 54 of Rules is performed;

20) personal account of the issuer for accounting of the redeemed rights to claim according to obligations of the issuer on issued securities - the personal account opened for the issuer in system of registers for accounting of the rights to claim redeemed by the issuer in the secondary security market according to its obligations on issued securities which circulation period expired and the issuer obligations on their repayment are not fulfilled;

21) rights to claim according to obligations of the issuer on issued securities - rights to claim according to obligations of the issuer on issued securities which circulation period expired and the issuer does not fulfill obligations on their repayment.

3. Maintaining system of registers is performed by the central depositary.

4. In system of registers personal accounts are opened for owners of securities (rights to claim according to obligations of the issuer on issued securities), to issuers and nominee holders.

Opening of personal account is made after acceptance by the central depositary of the measures for proper check provided by the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Law on counteraction to laundering of the income).

Use of services of the center of exchange of identification data is allowed (further - TsOID) in case of identification of the client who is physical person with use of means of biometric identification.

Use of services of the credit bureau with the state participation in case of identification of the client which is physical person or legal entity is allowed.

Interaction of the central depositary with TsOID or credit bureau with the state participation is performed on the conditions provided by the Rules of implementation of activities of the central depositary approved by the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 307, registered in the Register of state registration of regulatory legal acts at No. 17920.

4.1. The central depositary according to the procedure, certain TsOID, credit bureau with the state participation or authorized state bodies performing forming of the state databases performs in the terms determined by internal regulations of the central depositary, reconciliation of data on the clients containing in system of accounting of the central depositary with information on such clients obtained by the central depositary from the above-stated sources.

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