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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2018 No. 307

About approval of Rules of implementation of activities of the central depositary

(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 of the central depositary (further - Rules).

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 from the date of state registration, except for the subitem 8) of Item 2, of the subitem 3) of Item 8, of Item 12 and parts two,third, the fourth and fifth Item 43 of Rules which become 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 November 29, 2018 No. 307

Rules of implementation of activities of the central depositary

Chapter 1. General provisions

1. These rules of implementation of activities of the central depositary (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 conditions and procedure of activities of the central depositary.

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

1) 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;

2) the client of the depositor - the physical person or legal entity using services of the depositor according to the service provision agreement of nominal continence signed with it;

3) the settlement organization - the organization making at the request of the central depositary transfer and accounting of money in national and foreign currency;

4) the accounting organization - bank custodian, the international and foreign depositaries in which addressed to the central depositary personal accounts for accounting of financial instruments are opened;

5) sub-account - the sub-account opened within personal account intended for accounting of the financial instruments belonging to the depositor (the client of the depositor) or the organizations performing dealer activities in the security market based on the license of authorized body or according to legal acts of the Republic of Kazakhstan;

6) the reserve center - the organization performing storage of the electronic data constituting system of accounting of the central depositary;

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

8) the international identification number (ISIN code) - the alphanumeric code assigned by the central depositary for securities and other financial instruments for the purpose of their identification and systematization of accounting.

3. The central depositary daily performs backup and storage of the electronic data constituting system of accounting of the central depositary.

Backup copies are subject to protection against unauthorized information access and are stored before their replacement with updated backup copies.

Storage of backup copies is performed on external data carriers in the reserve center or in the organization having the license of authorized body for implementation of safe transactions.

Within 10 (ten) calendar days from the date of the conclusion (termination) of the contract for storage of backup copies the central depositary notifies on it authorized body with indication of the name of the organization with which it is concluded (will terminate) the agreement, and also dates and agreement numbers.

4. The central depositary exercises internal control according to the internal documents approved by its governing body, determining:

1) object of internal control;

2) requirements to the employees of the central depositary exercising internal control;

3) the procedures of internal control performed by officials and employees of the central depositary, terms and procedure for their carrying out;

4) procedure and terms of informing the central depositary by the workers exercising internal control, bodies of the central depositary about results of internal control.

5. The governing body of the central depositary provides creation of service of internal audit and creates conditions for execution of internal audit of the obligations by service in the field of internal audit.

Concerning activities of service of internal audit are determined by the internal documents of the central depositary approved by its governing body:

structure of service of internal audit, its function, obligation and power;

requirements to the workers performing internal audit;

object of internal audit;

scale and frequency of conducting checks by service of internal audit;

requirements to scheduling of carrying out internal audit;

terms and forms of representation by service of internal audit of reports on results of checks to governing body of the central depositary.

The employees of the central depositary exercising internal control and (or) internal audit do not perform types of activity which are object of internal control and (or) internal audit.

Operational day of the central depositary constitutes at least seven working hours during the day.

6. The central depositary notifies the clients and stock exchange on all changes and amendments in the set of rules, and also on changes of the size and payment procedure of the provided services no later than 15 (fifteen) calendar days before their Date of Introduction in action.

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