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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 the register of security holders

(as amended on 24-02-2021)

According to the Law of the Republic of Kazakhstan of July 2, 2003 "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 the register 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.

Chairman of National Bank

D. Akishev

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 the register of security holders

Chapter 1. General provisions

1. These rules of implementation of activities for maintaining system of the register of security holders (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" (further - the Law on the security market) and establish procedure of activities of the central depositary for maintaining system of the register 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) 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);

3) 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;

4) 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;

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

6) 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.

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

8) 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;

9) 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;

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

11) 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);

12) 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;

13) 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;

14) 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 at least once a quarter performs according to the procedure, 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 with use of services TsOID or credit bureau with the state participation.

In case of identification following the results of this reconciliation of discrepancy in data on the registered person the central depositary according to the procedure provided by its internal documents determines need of updating of data and introduction of corresponding changes by the personal accounts opened in system of registers to the registered person then the notification in case of updating of its data on the basis of information obtained with use of services TsOID or credit bureau with the state participation, according to the procedure, terms and method established by the set of rules of the central depositary sends to such person.

5. Actions of the central depositary for forming of system of registers consist in acceptance, check, processing, introduction of the data provided by the issuer, the organization which was earlier performing maintaining system of registers and the security holder (rights to claim according to obligations of the issuer on issued securities), in system of registers.

6. The system of registers is constituted by the following documents:

1) orders on carrying out transactions;

2) performance reports of orders (the notification on the performed operations);

3) refusals of execution of orders;

4) copies of the identity document, the registered person who is physical person or the documents established by subitems 2) and 3) of Item 13 of the Rules provided by the registered person who is the legal entity;

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