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The document ceased to be valid since  May 27, 2016 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 76

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

of July 30, 2005 No. 268

About approval of Rules of state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue

(as amended on 19-12-2015)

For the purpose of enhancement of procedure for state registration of release of the announced shares, approval of the report on results of share placing and cancellation of share issue, the Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations (further - the Agency) DECIDES:

1. Approve the enclosed Rules of state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue.

2. It is excluded

3. From the date of enforcement of this resolution to recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of July 4, 2003 No. 217 "About approval of Rules of state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 2443, published in 2003 in the edition of National Bank of the Republic of Kazakhstan "the Bulletin of National Bank of the Republic of Kazakhstan", 17);

2) the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of May 24, 2004 No. 141 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of July 4, 2003 No. 217 "About approval of Rules of state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue", registered in the Ministry of Justice of the Republic of Kazakhstan at No. 2443" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 2924 published in 2004 in the Financial Bulletin magazine No. 7(7)).

4. This resolution becomes effective after fourteen days from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

5. To department of supervision of subjects of the security market and accumulation pension funds (Tokobayev N. T.):

1) together with Legal department (Baysynov M. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring this resolution to the attention of the interested divisions of the Agency, Consolidation of legal entities in the form of Association of Financiers of Kazakhstan association, Consolidation of legal entities "the Kazakhstan Association of Registry holders".

6. To department of the international relations and public relations of the Agency (Pernebayev T. Sh.) provide the publication of this resolution in mass media of the Republic of Kazakhstan.

7. To impose control of execution of this resolution on the vice-chairman of the Agency Bakhmutova E. L.

Chairman

B. Zhamishev

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of July 30, 2005 No. 268

Rules of state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue

These rules of state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue (further - Rules) are developed according to the laws of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (further - the Law), of July 2, 2003 "About the security market" (further - the Law on the security market) and determine procedure for state registration of release of the announced shares, approvals of the report on results of share placing and cancellation of share issue of joint-stock company (further - society) National Bank of the Republic of Kazakhstan (further - authorized body).

1. State registration of release of the announced shares

1. For state registration of release of the announced shares society submits the following documents to authorized body:

1) the statement constituted in any form;

2) the copy of the protocol of the constituent assembly (the decision of the single founder) or general meeting of shareholders of society (the decision of the shareholder holding all voting shares) with the decision on release of the announced shares;

3)  No. 109 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 16.07.2014

4) copy of the charter;

5) the prospectus of share issue, in duplicate on paper in the state and Russian languages in form according to appendix 1 to these rules, stitched with:

technique of cost determination of shares in case of their redemption society in the unorganized market;

procedure for net income allocation of society;

copies of the annual financial reporting of the issuer in two last financial years confirmed with audit reports, and also copies of audit reports and accounting policy of the issuer. In case of availability (affiliated) the copy of the consolidated financial statements confirmed with the audit report is submitted to the organization (organizations) affiliated. In case of absence (affiliated) the copy of the separate financial statements confirmed with the audit report is submitted to the organization (organizations) affiliated. Requirements of this paragraph do not extend the prospectus of share issue of newly created issuers;

copies of the financial reporting of the issuer as of the end of the last quarter before submission of documents on state registration of share issue. In case of availability (affiliated) the copy of consolidated financial statements is submitted to the organization (organizations) affiliated. In case of absence (affiliated) the copy of separate financial statements is submitted to the organization (organizations) affiliated. In case of submission of documents for state registration of share issue to the 25th following the last quarter before submission of documents the copy of consolidated financial statements (in case of absence affiliated (affiliated) the organizations (organizations) of separate financial statements) the issuer as of the end of penultimate quarter before submission of documents on state registration of share issue is submitted;

the investment declaration approved by general meeting of founders or the single founder of joint-stock investment fund (for joint-stock investment funds).

The prospectus of share issue (in the state and Russian languages) stitched together with the documents specified in this subitem is fastened with paper seal on which entry about the number of the stitched and numbered sheets is made, and the impress of a seal of society is put.

Data are provided in the prospectus of share issue for date of the last day of the month preceding date of delivery of documents in authorized body, except for to information on financial condition of society (specified in Chapters 4 and 5 of appendix 1 to these rules) which is specified according to the financial reporting which is integral part of the prospectus of the share issue provided for state registration of share issue.

In case of lack of the audit report of the financial reporting for complete financial year during the period from January 1 to June 1 the current year, society represents to authorized body the audited financial reporting in two years preceding the last complete year and the audit report of the financial reporting for the specified period. The audit report and the financial reporting for complete financial year are represented by society within a month from approval date of the annual financial reporting according to the procedure, established by the Law of the Republic of Kazakhstan of February 28, 2007 "About financial accounting and the financial reporting".

6) the prospectus of share issue on the electronic medium in the Acrobat Reader format (in the state and Russian languages) without the financial reporting;

7) copies of the documents confirming advance payment of shares with founders in the amount of, corresponding to the minimum size of the authorized capital (for the newly created societies performing share issue for the first time);

8) draft agreements of joint-stock investment fund with managing company (in case of its availability), custodian and registrar (in case of state registration of share issue of joint-stock investment fund).

The stabilization bank for state registration of release of the announced shares submits the documents specified in this Item, except for the documents specified in subitems 2), 7) of this Item. The prospectus of share issue specified in the subitem 5) of this Item is submitted without appendix of technique of cost determination of shares, procedure for net income allocation of society, the financial reporting, accounting policy.

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