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

of September 24, 2021 No. 96

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning market development of securities

According to Item 1 of Article 8, Item 7 of Article 9, Item 9 of Article 12, Item 5 of Article 12-1, Item 2 of article 16 of the Law of the Republic of Kazakhstan "About the security market", the subitem 4) article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", Item 7 of article 20 of the Law of the Republic of Kazakhstan "About investment and venture funds" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of October 29, 2018 No. 248 "About approval of Rules of state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, representations and considerations of the notification on results of repayment of non-state bonds, cancellations of release of non-state bonds, Requirements to documents for state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, considerations of the notification on results of repayment of non-state bonds, the List of documents for cancellation of release of non-state bonds and requirements to them, Rules of creation and execution of the prospectus of release of non-state bonds (prospectus of the bonded program), changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the notification on results of repayment of non-state bonds" (it is registered in the Register of state registration of regulatory legal acts at No. 17884) the following changes and amendments:

in Rules of state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, representations and considerations of the notification on results of repayment of non-state bonds, cancellations of release of the non-state bonds approved by the specified resolution:

state Item 2-1 in the following edition:

"2-1. The concepts used in Rules are applied in the values specified in the Ecological code of the Republic of Kazakhstan, the Law on the security market, the Law of the Republic of Kazakhstan "About the electronic document and the digital signature", the Law on the state services.";

state Item 3-3 in the following edition:

"3-3. In case of factual determination of completeness and (or) lack of expiration of the submitted documents the employee of responsible division considers documents on compliance to requirements of the legislation of the Republic of Kazakhstan, prepares the draft of the letter (certificate) or refusal in rendering the state service, signs result of rendering the state service at the authorized person of authorized body during:

12 (twelve) working days in case of state registration of release of non-state bonds;

7 (seven) working days in case of state registration of the bonded program;

7 (seven) working days in case of the state registration of the bonded program and the first bond issue within the bonded program provided by the issuer at the same time;

3 (three) working days in case of state registration of bond issue within the bonded program registered by authorized body;

1 (one) working day in case of state registration of bond issue with circulation period no more than 12 (twelve) months;

1 (one) working day in case of state registration of bond issue which is subject to private placement.

In case of identification of the bases for refusal in rendering the state service the authorized body notifies the issuer 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 the issuer of opportunity to express line item according to the provisional solution.

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

By results of hearing the authorized body issues the letter (certificate) or motivated refusal in rendering the state service.

The employee of responsible division within one working day after signing of result of rendering the state service directs him to the issuer in "personal account" in electronic form certified by the EDS of the authorized person of authorized body.";

state Item 3-5 in the following edition:

"3-5. Consideration of the claim concerning rendering the state service is made by the higher official of authorized body, authorized body by assessment and control of quality of rendering the state services.

The claim is submitted in authorized body and (or) to the official of authorized body whose decision, action (failure to act) are appealed.

If other is not provided by the Law on the security market, the Law on the state services, appeal to the court is performed after appeal in pre-judicial procedure.";

state Item 8 in the following edition:

"8. The issuer submits documents for state registration of bond issue (the bonded program) on condition of observance of requirements, stipulated in Item 3 Articles 12 and Item 1 of article 15 of the Law on the security market, except as specified bond issue with circulation period no more than twelve months, the non-state bonds which are subject to private placement.";

state Item 10 in the following edition:

"10. When implementing by the issuer, not being bank or the organization performing separate types of banking activities, bond issue (the bonded program) with observance of the requirement to leverage size, this size is calculated based on data of the financial reporting of the issuer as of the end of the last quarter before submission of documents on state registration of bond issue (the bonded program), is positive size and does not exceed 10 (ten).

When implementing by the organization specializing in improvement of quality of credit portfolios of banks of the second level, bond issue (the bonded program) with observance of the requirement to leverage size, this size is calculated based on data of the financial reporting of the organization specializing in improvement of quality of credit portfolios of banks of the second level as of the end of the last quarter before submission of documents on state registration of bond issue (the bonded program), and does not exceed 10 (ten).";

add with Item 14-1 of the following content:

"14-1. State registration of release of investment bonds is carried out provided that event (events), from approach or not approach of which (which) receipt of extra fee by the holder of the investment bond on the investment bond depends changes are:

the size of the income of the issuer (the size of the income from the project in which the money received from placement of bonds is invested);

the prices of unit of raw materials, the metal or other goods, value of the commodity index determined at the organized biddings in the Republic of Kazakhstan and (or) abroad;

sizes of interest rates;

the values calculated based on the prices of derivative financial instruments;

the measure values constituting official statistical information;

values of physical, biological and (or) chemical indicators of state of environment;

circumstances testimonial of non-execution or improper execution by one or several legal entities or states of the obligations (except for guarantee agreement and insurance contract).";

state Item 16 in the following edition:

"16. State registration of bond issue which nominal is expressed in foreign currency is performed provided that payment of remuneration and principal debt for these bonds will be performed in release currency.";

state appendix 1 in edition according to appendix 1 to this resolution;

in Requirements to documents for state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, considerations of the notification on results of repayment of the non-state bonds approved by the specified resolution:

state Item 3-1 in the following edition:

"3-1. The private memorandum is constituted according to structure of the private memorandum according to appendix 1 to Requirements.

The private memorandum is constituted in the Kazakh and Russian languages.

The private memorandum in case of bond issue which nominal is expressed in foreign currency is constituted on Kazakh, Russian and at the discretion of the issuer English languages.";

add with Item 3-2 of the following content:

"3-2. Data on bond issue with circulation period are constituted and drawn up no more than 12 (twelve) months according to structure of data on bond issue with circulation period no more than 12 (twelve) months according to appendix 2 to Requirements and are represented in the Kazakh and Russian languages.";

state appendix in edition according to appendix 2 to this resolution;

add with appendix 2 in edition according to appendix 3 to this resolution;

in Rules of creation and execution of the prospectus of release of non-state bonds (prospectus of the bonded program), changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the notification on results of repayment of the non-state bonds approved by the specified resolution:

state Item 2 in the following edition:

"2. The prospectus of bond issue (the prospectus of the bonded program) is constituted and drawn up according to structure of the prospectus of bond issue (the prospectus of the bonded program) according to appendix 1 to Rules.

The prospectus of bond issue within the bonded program is constituted and drawn up according to structure of the prospectus of bond issue within the bonded program according to appendix 2 to Rules.

The prospectus of bond issue (the prospectus of the bonded program) of the issuer - the nonresident of the Republic of Kazakhstan is constituted and drawn up according to structure of the prospectus of bond issue (the prospectus of the bonded program) of the issuer - the nonresident of the Republic of Kazakhstan according to appendix 3 to Rules.

The prospectus of bond issue (the prospectus of the bonded program, the prospectus of bond issue within the bonded program) international financial institution is constituted and drawn up according to structure of the prospectus of bond issue (the prospectus of the bonded program, the prospectus of bond issue within the bonded program) international financial institution according to internal documents of international financial institution.";

state Item 6 in the following edition:

"6. The title page of the prospectus of bond issue (the prospectus of the bonded program, the prospectus of bond issue within the bonded program) contains:

1) name of the document: "Prospectus of release of non-state bonds" or "Prospectus of the bonded program" or "Prospectus of release of non-state bonds within the bonded program";

2) amount of the bonded program (in case of state registration of the bonded program);

3) full and abbreviated name of the issuer;

4) record:

"State registration of release of non-state bonds (the bonded program, release of non-state bonds within the bonded program) authorized body does not mean provision of any recommendations to investors concerning acquisition of the non-state bonds described in the prospectus and does not confirm accuracy of the information, containing in this document.

Officials of the issuer confirm that all information provided in him is the authentic and not misleading investors concerning the issuer and his placed non-state bonds.

During cycle time of non-state bonds the issuer provides disclosure of information in the security market on Internet resource of depositary of the financial reporting according to requirements of the legislation of the Republic of Kazakhstan about the security market.";

state appendix 1 in edition according to appendix 4 to this resolution;

state appendix 2 in edition according to appendix 5 to this resolution;

state appendix 3 in edition according to appendix 6 to this resolution.

2. Bring in 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" (it is registered in the Register of state registration of regulatory legal acts at No. 21508) the following changes:

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