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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2018 No. 319

About approval of Rules of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, creation and works of expert committee, and also its quantitative structure

(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 recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, creation and work of expert committee, and also its quantitative structure.

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 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.

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 28, 2018 No. 319

Rules of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, creation and work of expert committee, and also its quantitative structure

Chapter 1. General provisions

1. These rules of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, creation and work of expert committee, and also its quantitative structure (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 and conditions of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation and also procedure for creation and work of the expert committee performing consideration of questions of recognition of security transactions and other financial instruments as made for the purpose of manipulation (further - expert committee) and also its quantitative structure.

2. To monitoring and the analysis regarding identification of security transactions and other financial instruments as made for the purpose of manipulation, the bargains concluded with securities and (or) financial instruments from sectors of "share", "debt securities", "bank deposit certificates", other sectors which creation and functioning is performed according to internal documents of stock exchange on the Main platform and from sectors "Islamic securities", "securities of investment funds", "derivative securities", "securities of international financial institutions", "government securities", other sectors which creation and functioning is performed according to internal documents of stock exchange on the Mixed platform, and also on other platforms which creation and functioning is performed according to internal documents of stock exchange are subject.

3. The security transaction made at the price, significantly different from the prices of these securities which developed in the organized market of securities to the conclusion of such transaction the transaction is recognized if:

1) in case of the conclusion of the transaction with shares in the organized market of securities the variation of the price of this transaction with shares from the weighted market price of these shares calculated according to Item 5 of Rules constitutes 30 (thirty) and more percent;

The variation of profitability of these securities to repayment according to the price of this transaction from the weighted market average yield of these securities to repayment calculated according to Item 6 of Rules constitutes 2) in case of the conclusion of the transaction with bonds in the organized market of securities 5 (five) and more than percent point.

4. The following transactions of purchase and sale of securities which execution did not lead to essential change of quantity of such securities which are at the parties of these transactions are not committed for the purpose of manipulation:

1) transactions of opening and closing of "repo" which belong to the same transaction of the "repo" performed in the sector of trade system of stock exchange intended for such transactions;

2) two transactions of the same amount with the same securities, the second of which is concluded for the purpose of correction of the technical mistake made in case of the conclusion of the first of these transactions in the organized market;

3) the security transactions concluded in trade system of stock exchange by method of open tenderings, corresponding to the following conditions or one of the following conditions:

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