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ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of April 2, 2021 No. 6

About approval of Rules of rendering the state service "Licensing for the Occupation Right Activities of Commodity Exchanges"

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of rendering the state service "Licensing for the Occupation Right Activities of Commodity Exchanges".

2. To provide to department of exchange control of the Agency on protection and development of the competition of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Agency on protection and development of the competition of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan.

4. This order becomes effective after sixty calendar days after day of its first official publication.

Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan

S. Zhumangarin

The Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of April 2, 2021 No. 6 is approved by the Order

Rules of rendering the state service "Licensing for the Occupation Right Activities of Commodity Exchanges"

Chapter 1. General provisions

1. These rules on rendering the state service "Licensing for the Occupation Right Activities of Commodity Exchanges" (further - Rules) are developed by Agency on protection and development of the competition of the Republic of Kazakhstan according to the subitem 6) of article 4-3 of the Law of the Republic of Kazakhstan of May 4, 2009 "About commodity exchanges" and with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law), and also the subitem 5) of article 13 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" determine licensing procedure on the occupation right activities of commodity exchanges (further - the State service).

2. In these rules the following basic concepts are used:

1) Single contact center - the legal entity determined by the Government of the Republic of Kazakhstan, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies - information on questions of rendering information and communication services;

2) the standard of the state service - the list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service;

3) the web portal of "the electronic government" www.egov.kz (further - the Portal) - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

4) payment gateway of "the electronic government" (further - PShEP) - the information system automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;

5) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

6) the license - the permission of the first category issued by the licensor to physical person or legal entity on implementation of the licensed type of activity or subspecies of the licensed type of activity connected with the high level of danger.

Chapter 2. Procedure for rendering the state service

3. The state service appears Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Service provider) by means of the Portal.

The state service is rendered to uslugopoluchatel on paid basis.

Collection for rendering the state service is performed at the rates and according to the procedure, the established Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)".

Payment of the amount of collection is performed in cash or non-cash form through the banks of the second level and the organization performing separate types of banking activities or through PShEP.

Form of rendering the state service - electronic (completely automated).

4. For receipt of the state service the legal entity (further - Uslugopoluchatel) sends to the Service provider:

For receipt of the license:

1) the statement for receipt of the license for the occupation right activities of commodity exchanges, in form according to appendix 1 to Rules, in electronic form, Uslugopoluchatel certified by the EDS;

2) data on payment of the license fee;

3) electronic form of data on compliance to qualification requirements to activities of the commodity exchanges approved by the order of the Minister of Trade and integration of the Republic of Kazakhstan of September 3, 2019 No. 31 (it is registered in the Register of state registration of regulatory legal acts No. 19342) (further - Qualification requirements).

For renewal of the license:

1) the statement for renewal of the license and (or) appendix to the license for the occupation right activities of commodity exchanges, in form according to appendix 2 to Rules, in electronic form, Uslugopoluchatel certified by the EDS;

2) data on payment of the license fee;

3) electronic copies of the documents containing information on changes, which formed the basis for renewal of the license and (or) appendix to the license, except for documents from which information contains in the state information systems.

Information on documents of state registration (re-registration) of the legal entity is provided to the Service provider from the corresponding state information systems through lock of "the electronic government".

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