RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2018 No. 253

About approval of Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it

According to the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it.

2. Recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of February 13, 2012 No. 31 "About approval of Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it" (it is registered in the Register of state registration of regulatory legal acts at No. 7460, it is published on June 16, 2012 in the Kazakhstanskaya Pravda newspaper No. 189-190 (27008-27009);

2) Item 11 of the List of regulatory legal acts of the Republic of Kazakhstan concerning the security market to which changes are made, the Board of National Bank of the Republic of Kazakhstan approved by the resolution of December 19, 2015 No. 250 "About modification of some regulatory legal acts of the Republic of Kazakhstan concerning the security market" (it is registered in the Register of state registration of regulatory legal acts at No. 13001, it is published on February 12, 2016 in information system of law of Ad_let).

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 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 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. 253

Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it

1. These rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it (further - Rules) are developed according to the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (further - the Law) and determine procedure for realization of shareholder right of joint-stock company (further - society) on preferential purchase of the announced shares of society or other securities converted into common shares of society placed by society and also earlier redeemed and realized by society of the specified securities (further - the placed (implementable) securities) and refusal of it.

2. The offer to shareholders of society to acquire the placed (implementable) securities according to their right of preferential security purchase of society it is brought by society to the attention of the shareholders one of the following methods:

1) by means of the direction of the written notice containing the specified offer, to each shareholder of society according to the list of the shareholders having the right of preferential purchase of the placed (implementable) securities, to the provided society the central depositary according to Item 5 of Rules (further - the written notice);

2) by means of the publication of the specified offer in the Kazakh and Russian languages on Internet resource of the depositary of the financial reporting determined according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting (further - depositary of the financial reporting).

If shareholder of society is the client of the nominee holder, data on whom are absent in system of accounting of the central depositary, the offer to shareholders of society to acquire the placed (implementable) securities according to their right of preferential security purchase is brought by society to the attention of the shareholders by means of the publication in the Kazakh and Russian languages on Internet resource of depositary of the financial reporting.

3. In the written notice or the publication on Internet resource of depositary of the financial reporting the following information is specified:

1) quantity and types of the placed (implementable) securities;

2) ratio of quantity placed (less redeemed by society) shares to the quantity of the placed (implementable) securities by their types;

3) conditions of acquisition of the placed (implementable) securities with indication of payment due date of securities taking into account requirements of article 16 of the Law;

4) the price of placement (realization) of the placed (implementable) securities established by the body of society authorized on adoption of such decision;

5) postal addresses to which the shareholder submits the application for acquisition of the placed (implementable) securities according to the right of preferential purchase (further - the request) with indication of:

surnames, name, middle name (in case of its availability), contact details of persons performing on each of such postal addresses interaction with shareholders of society concerning acquisition by them of the placed (implementable) securities according to the right of preferential security purchase of society;

names of the underwriter (issued consortium) in case of placement (realization) of the placed (implementable) securities of society through the underwriter (issued consortium).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info