of March 30, 2007 No. 70
About approval of Rules of recognition of joint-stock company by the public company and response of the status of the public company at it
For the purpose of realization of Item 3 of article 4-1 of the Law of the Republic of Kazakhstan "About joint-stock companies" 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 recognition of joint-stock company by the public company and withdrawal of the status of the public company at it.
2. This resolution becomes effective after fourteen days from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan.
3. To department of supervision of subjects of the security market and accumulation pension funds (Hadzhiyeva M. Zh.):
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, the organizer of the biddings.
4. To department of the international relations and public relations of the Agency to take measures to the publication of this resolution in mass media of the Republic of Kazakhstan.
5. To impose control of execution of this resolution on the vice-chairman of the Agency Uzbekov G. N.
Chairman
A. Dunayev
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 March 30, 2007 No. 70
These rules of recognition of joint-stock company by the public company and withdrawal of the status of the public company at it (further - Rules) are developed according to the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (further - the Law) and establish procedure for recognition by authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) joint-stock company (further - society) the public company and withdrawal of the status of the public company at it.
1. Recognition of society by the public company is made by authorized body based on the statement of the society constituted in any form with indication of:
1) the name and data on state registration (re-registration) of society (according to the reference or the certificate on state registration (re-registration) of the legal entity);
2) addresses of corporate Internet resource of society, with indication of number and document date confirming registration of domain name of society on the Internet.
2. The following documents are enclosed to the application for recognition of society by the public company:
1) the copy of the publication about placement of the announced shares of society among unrestricted circle of investors published in mass media (in the state and Russian languages);
2) the shareholder register of society constituted by his registrar as of the end of the month preceding submission of the statement by society to authorized body;
3) the copy of the charter of society with all changes made to it and additions with mark of judicial authority;
4) the documents issued by stock exchange and confirming compliance of society to the criteria established by subitems 3) and 4) of Item 1 of article 4-1 of the Law as of the end of the month preceding submission of the statement by society to authorized body.
3. The statement for recognition of society by the public company with the documents attached to it specified in Item 2 of Rules is considered by authorized body within fifteen calendar days from the date of their provision in authorized body.
The authorized body makes recognition of society by the public company in case of compliance of society to criteria, stipulated in Item 1 article 4-1 of the Law, and in case of observance of requirements of Item 2 of article 4-1 of the Law by it.
In case of decision making about recognition of society by the public company the authorized body uses information containing in the documents submitted by society and also information which is available for authorized body from other sources.
4. In case of adoption by authorized body of the decision on refusal in recognition of society by the public company the authorized body in writing notifies on it society with indication of the bases of refusal, stipulated in Item the 5th article 4-1 of the Law.
5. In case of repeated submission of the statement for recognition of society by the public company or receipt to authorized body of additional documents (data) calculation of term of consideration of the application by authorized body begins anew.
6. Copies of the documents submitted by society to authorized body for recognition of society by the public company are certified by the signature of the first head (or persons, it replacing) and impress of a seal of society.
The documents consisting of several sheets are represented numbered, certified polistno, stitched and fastened with the paper seal pasted on node of insertion and partially on leaf. The signature of the first head (or persons, it replacing) and impress of a seal shall be applied partially on paper seal, partially on document sheet.
7. Society loses the status of the public company in the cases listed in item 4 of article 4-1 of the Law.
In the presence the authorized body has information on approach of cases in case of which society loses the status of the public company, the authorized body can request the documents listed in Item 2 of these rules from society or make to the registrar of society, stock exchange the written request on submission of data on compliance (discrepancy) of society to the criteria established by subitems of 2)-4) of Item 1 of article 4-1 of the Law.
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The document ceased to be valid since October 15, 2018 according to the Resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2018 No. 187