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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 25, 2025 No. 273

About establishment of criteria to the commodity exchanges performing trade in the exchange goods included in the list of socially important exchange goods

According to the subitem 2) of article 3 of the Law of the Republic of Kazakhstan "About commodity exchanges" the Government of the Republic of Kazakhstan DECIDES:

1. Establish criteria to the commodity exchanges performing trade in the exchange goods included in the list of socially important exchange goods according to appendix to this resolution.

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

Prime Minister of the Republic of Kazakhstan

O. Bektenov

Appendix

to the Order of the Government of the Republic of Kazakhstan of April 25, 2025 No. 273

Criteria to the commodity exchanges performing trade in the exchange goods included in the list of socially important exchange goods

1. Criteria to the commodity exchanges performing trade in the exchange goods included in the list of socially important exchange goods are:

1) lack of not removed or unspent conviction at the first head and persons holding executive positions, including lack of the judgment which took legal effect about application of criminal penalty in the form of deprivation of the right to hold leading employee position of financial institution, bank and (or) insurance holding and to be large participant (large shareholder) of financial institution for life;

2) availability of the current license on the occupation right activities of commodity exchanges;

3) absence of debt which account is kept in bodies of state revenues;

4) availability of permanent reserve fund of commodity exchange in the amount of, the stipulated in Clause 16-1 Law of the Republic of Kazakhstan "About commodity exchanges";

5) availability of electronic trading system of the commodity exchange conforming to the requirements approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 26, 2015 No. 141 "About approval of mandatory requirements to electronic trading system of commodity exchanges" (it is registered in the register of state registration of regulatory legal acts for No. 10695);

6) availability of constantly functioning Internet resource of commodity exchange providing placement of information on commodity exchange, accredited members of commodity exchange, daily results of the exchange biddings and stock exchange quotations (in text, graphical, audiovisual type), internal documents of commodity exchange, and also providing placement of information in the state and Russian languages;

7) availability of the urgent financial reporting (consolidated), which is carried out by audit company with positive financial result (stable creditworthness and normal level of the sufficient capital for conducting activities);

8) availability of commodity exchange in the list of crucial objects of information and communication infrastructure approved by the order of authorized body in the field of ensuring information security according to the subitem 3) of article 7-1 of the Law of the Republic of Kazakhstan "About informatization";

9) the created authorized capital according to article 6 of the Law of the Republic of Kazakhstan "About commodity exchanges";

10) availability of the signed agreement on clearing servicing with the clearing organization:

having the hardware and software, to the relevant requirements approved by the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 729 "About approval of Rules of implementation of clearing activities for stock exchange transactions and Requirements to the hardware and software of clearing center of commodity exchange" (it is registered in the register of state registration of regulatory legal acts for No. 12605);

having the approved guarantee fund;

interacting with the clearing organization having the license of authorized body on regulation, control and supervision of the financial market and financial institutions.

 

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