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THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of October 19, 2020 No. 101

About approval of Rules of state registration of release of shares of mutual investment fund

(as amended on 24-09-2021)

According to the laws of the Republic of Kazakhstan of July 7, 2004 "About investment and venture funds", of January 12, 2007 "About procedure for consideration of appeals of physical persons and legal entities", of April 15, 2013 "About the state services", Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Rules of state registration of release of shares of mutual investment fund.

2. To provide to department of the security market in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after ten calendar days after day of its official publication.

The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market

M. Abylkasymova

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

____ ___________ 2020

 

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 19, 2020 No. 101

Rules of state registration of release of shares of mutual investment fund

Chapter 1. General provisions

1. These rules of state registration of release of shares of mutual investment fund (further Governed) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan, Item 7 of article 20 of the Law of the Republic of Kazakhstan "About investment and venture funds" (further – the Law on investment funds), the Law of the Republic of Kazakhstan "About the state services" (further - the Law on the state services).

2. Rules establish conditions and procedure for state registration of release of shares of mutual investment fund.

3. In Rules the following basic concepts and reducings are used:

1) managing company, uslugopoluchatel - the professional participant of the security market performing activities for management of investment portfolio based on the license granted by authorized body;

2) the state service - the state service "State Registration of Release of Shares of Mutual Investment Funds";

3) share - the personalized issued security of paperless form of release confirming share of her owner in mutual investment fund, the right to the money received from realization of assets of mutual investment fund and (or) other property in the case established by the Law on investment funds in case of the termination of its existence and also other rights connected with features of activities of the mutual investment funds determined by the Law on investment funds;

4) the portal - the web portal of "the electronic government" www.egov.kz;

5) the statement - the statement on state registration of release of shares of mutual investment funds;

6) authorized body - authorized body on regulation, control and supervision of the financial market and the financial organizations.

Chapter 2. Conditions and procedure for state registration of release of shares of mutual investment fund

4. For state registration of release of shares of mutual investment fund the managing company submits the documents specified in Item 1 of article 20 of the Law on investment funds to authorized body.

5. The statement for state registration of release of shares of mutual investment fund with appendix of required documents is submitted managing company in authorized body in electronic form through the portal.

The state service appears authorized body according to the standard of the state service according to appendix 1 to Rules.

6. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of the statement performs its acceptance, registration and the direction on execution in the division responsible for rendering the state service (further – responsible division). In case of receipt of the statement of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, documents acceptance is performed the next working afternoon.

7. The employee of responsible division within 2 (two) working days from the date of registration of a statement checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents the employee of responsible division within the specified term prepares and directs to uslugopoluchatel written motivated refusal in further review of the statement.

8. In case of factual determination of completeness and (or) lack of expiration of the submitted documents the employee of responsible division within 10 (ten) working days considers documents on compliance to requirements of the legislation of the Republic of Kazakhstan and prepares the draft of the letter on issue of the certificate on state registration of release of shares or refusal in rendering the state service.

In case of identification of the bases for refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for provision to uslugopoluchatel of opportunity to express line item according to the provisional solution.

The notification on hearing goes at least in 3 working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 working days from the date of the notification.

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