of August 22, 2008 No. 120
About establishment of the prudential standard rate for the organizations performing broker and dealer activities in the security market, approval of Rules of calculation of the prudential standard rate for the organizations performing broker and dealer activities in the security market
According to subitems 11), 15) of Item 2 of Article 3, article 49 of the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" and subitems 5), 6) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation and supervision of the financial market and the financial organizations", for the purpose of ensuring financial stability of the organization, performing broker and dealer activities in the security market, 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. Establish for the organizations performing broker and dealer activities in the security market, the prudential standard rate - "Coefficient of sufficiency of equity".
Value of coefficient of sufficiency of equity daily shall make at least 1.
2. Approve the enclosed Rules of calculation of the prudential standard rate for the organization, performing broker and dealer activities in the security market.
3. From the date of enforcement of this resolution to recognize invalid regulatory legal acts, according to appendix to this resolution.
4. This resolution becomes effective since October 1, 2008.
5. To department of strategy and analysis (to Abdrakhmanov N. A.):
4) together with Legal department (Sarsenov N. V.) 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 "Association of Financiers of Kazakhstan", the organizations performing broker and dealer activities in the security market.
6. To department of information technologies (Tusupov K. A.) till November 30, 2008 to provide completion of the Automated information subsystem "Automation of forming of the reporting of the accumulation pension funds and professional participants of the security market" taking into account the made changes.
7. To service of the Chairman of the Agency (Kenzhe A. A.) take measures to the publication of this resolution in mass media of the Republic of Kazakhstan.
8. To impose control of execution of this resolution on the vice-chairman of the Agency Aldambergen A. U.
Chairman Bakhmutova E. L.
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 August 22, 2008 No. 120
Rules of calculation of the prudential standard rate for the organizations performing broker and dealer activities in the security market (further - Rules) establish procedure of payments of the prudential standard rate "Coefficient of sufficiency of the equity" obligatory to observance by the organizations performing broker and dealer activities in the security market (further - the broker and the dealer).
These rules do not extend to banks of the second level, National Bank of the Republic of Kazakhstan, the legal entities having license for activities on investment management of pension assets, managing directors of investment portfolio, the National operator of mail, the financial agencies.
The regulations provided by these rules regarding affiliirovanny faces of the broker and dealer are not applied to the legal entities and their affiliirovanny persons which are affiliirovanny with the broker and the dealer as a result of direct (on banks - indirect) ownerships of twenty five and more percent of voting shares of the specified organizations by joint-stock company "National welfare fund "Samruk-Kazyna".
1. The coefficient of sufficiency of equity of the broker and dealer is calculated by formula:
where
LA - quick assets of the broker and dealer which are recognized liquid according to Item 3 of these rules;
About - cumulative obligations of the broker and dealer (when making transaction of "repo" by method of open tenderings obligations join only the amount of discounting of market value of object of "repo" at the time of opening of "repo" determined according to internal regulations of stock exchange);
IDGC - the minimum size of equity of the broker and dealer taken into consideration of sufficiency of equity:
the minimum size of equity of the broker and dealer with the right of account management of clients as the nominee holder constituting 30 000 000 (thirty million) tenges;
the minimum size of equity of the broker and dealer without the right of account management of clients constituting 5 000 000 (five million) tenges;
since January 1, 2010:
the minimum size of equity of the broker and dealer with the right of account management of clients as the nominee holder constituting 54 432 000 (fifty four million four hundred thirty two thousand) tenges;
the minimum size of equity of the broker and dealer without the right of account management of clients constituting 46 656 000 (forty six million six hundred fifty six thousand) tenges;
since July 1, 2010:
the minimum size of equity of the broker and dealer with the right of account management of clients as the nominee holder constituting 181 440 000 (hundred eighty one million four hundred forty thousand) tenges;
the minimum size of equity of the broker and dealer without the right of account management of clients constituting 129 600 000 (hundred twenty nine million six hundred thousand) tenges.
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The document ceased to be valid since October 13, 2014 according to Item 3 of the Resolution of Board of National Bank of the Republic of Kazakhstan of July 16, 2014 No. 146