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

of July 31, 2024 No. 47

About approval of Conditions and Rules of issue of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets

According to Item 5 of article 15-19 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve Conditions and Rules of issue of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets according to appendix to this resolution.

2. To provide to department of bank analytics and stress testing 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 sixty calendar days after day of its first official publication.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of July 31, 2024 No. 47

Conditions and Rules of issue of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets

Chapter 1. General provisions

1. These Conditions and Rules of issue of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK) and Item 5 of article 15-19 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" (further – the Law on state regulation) and determine conditions and procedure for issue by authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) permissions to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets.

2. The concepts used in Rules are applied in the values specified in the Law on state regulation, the laws of the Republic of Kazakhstan "About permissions and notifications", "About informatization".

Chapter 2. Conditions and approval procedure on the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets

3. For receipt of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets (further – permission to the right of implementation of activities of the operator) the legal entity (further – the applicant) submits in authorized body the application for issue of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets in form according to appendix 1 to Rules (further – the statement) with application of documents according to the List of the documents necessary for receipt of permission to the right of implementation of activities of the operator of electronic trading platform selling bank and microfinancial assets according to appendix 2 to Rules (further – documents).

4. The statement with the documents attached to it is presented on paper in the stitched form, with the numbered pages, the last page is certified by the applicant's seal (in the presence).

The authorized body does not take cognizance of the documents having erasures, additions or the crossed-out words and other corrections which are not stipulated in them.

5. The employee of authorized body authorized on acceptance and registration of correspondence in day of receipt of the statement, documents performs their acceptance, registration and the direction on execution in the division responsible for issue of permission to the right of implementation of activities of the operator (further – responsible division). In case of receipt of the statement after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan" acceptance and registration of a statement is performed the next working afternoon.

6. The employee of responsible division within 3 (three) working days after receipt of documents checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents and (or) documents with the expired effective period responsible division in time, specified in part one of this Item, the motivated refusal in further review directs to the applicant applications.

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