RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 2, 2003 No. 409

About approval of Rules of implementation of activities of the payment agent

According to Item 3 of article 22 of the Law of the Republic of Kazakhstan "About joint-stock companies" and Item 9 of article 31 of the Law of the Republic of Kazakhstan "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of activities of the payment agent.

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

3. To department of financial supervision (Bakhmutova E. L.):

1) together with Legal department (Sharipov S. 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 central office and territorial branches of National Bank of the Republic of Kazakhstan, banks of the second level of the Republic of Kazakhstan and consolidation of legal entities "Association of financiers of Kazakhstan".

4. To management on ensuring activities of management of National Bank of the Republic of Kazakhstan (Terentyev A. L.) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to provide the publication of this resolution in mass media of the Republic of Kazakhstan.

5. To impose control over execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Saydenov A. G.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 2, 2003 No. 409

Rules of implementation of activities of the payment agent

Chapter 1. General provisions

1. These rules of implementation of activities of the payment agent (further – Rules) determine conditions and procedure of activities of the payment agent in the security market in the Republic of Kazakhstan.

2. The issuer performs payment of the income for issued securities independently or with use of services of the payment agent according to the signed service provision agreement of the payment agent (further – the agreement) taking into account requirements of Item 4-1 of Rules.

3. The information about the payment agent contains in the prospectus of release of issued securities.

Chapter 2. Payment by the payment agent of the income for issued securities and nominal value of bonds in case of their repayment

4. Payment of the income for issued securities and nominal value of bonds in case of their repayment to security holders is performed by the issuer by transfer of necessary amount of money to the bank account of the payment agent (further - the account of the payment agent) specified in the agreement and the simultaneous direction to the payment agent of the list of security holders.

4-1. The central depositary in time, not later than two working days about one day in which the repayment period of such bonds established by bond issue conditions expires performs transfer of the money transferred by issuers taking into account part three of Item 3-1 of article 31 of the Law of the Republic of Kazakhstan "About the security market" (further – the Law on the security market), the bonds intended for repayment (early repayment), including the last coupon remuneration, agrees to the account opened in the central depositary for transfer of the amount on repayment (early repayment) of bonds to the list of bondholders provided by the issuer containing information on the amount which is subject to payment to each bondholder.

5. The list of security holders represented to the payment agent for payment of the income for issued securities and nominal value of bonds in case of their repayment contains the following data:

1) full name of the security holder (surname, name, in the presence - middle name, physical person);

2) location (residence) and postal address of the security holder;

3) type and the number of the securities belonging to the security holder;

4) international identification number (ISIN code);

5) individual identification code of the security holder, the name and bank identification code of bank in which the account of the security holder is opened (for the legal entity);

6) individual identification number (for physical person), business and identification number (for the legal entity);

7) tax status of the security holder (resident, nonresident of the Republic of Kazakhstan);

8) code of the sector of economy (for the legal entity);

9) purpose of payment of the income (dividend payout according to shares, remuneration on bonds or bond redemption);

10) the amount of money which is subject to payment to each security holder.

6. The payment agent performs payment of the income for issued securities and nominal value of bonds in case of their repayment to security holders according to the legislation of the Republic of Kazakhstan, the internal documents and terms of the contract.

7. The central depositary within one month after the end of the repayment period established by bond issue conditions sends to authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) the notification on results of repayment of non-state bonds according to the procedure, determined by the Rules of implementation of activities of the central depositary approved by the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 307, registered in the Register of state registration of regulatory legal acts at No. 17920, according to article 32 of the Law on the security market.

7-1. The payment agent no later than one working day from the date of receipt of information on the facts of non-execution or improper execution by the issuer of obligations on payment of remuneration and (or) nominal value of bonds, violations of restrictions (covenant) informs on it authorized body and bondholders with the description of the measures undertaken by the payment agent within implementation of the functions and realization of the rights under the signed contract with the issuer.

8. Return to the issuer of unclaimed amount of money is performed by the payment agent in accordance with the terms of the agreement taking into account requirements of Item 3-1 of article 31 of the Law on the security market.

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