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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 29, 2010 No. 41

About approval of Rules and method of calculation of values of prudential standard rates for the organizer of the biddings

(as amended on 28-11-2019)

For the purpose of implementation of the subitem 11) of Item 2 of article 3 of the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" 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 and method of calculation of values of prudential standard rates for the organizer of the biddings.

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

3. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of July 4, 2003 No. 214 "About approval of Rules about prudential standard rates for organizers of the biddings with securities and about modification of the resolution of Board of National Bank of the Republic of Kazakhstan of January 17, 2003 No. 1 "About the minimum sizes of the authorized capital of the organizations performing separate types of banking activities", registered in the Ministry of Justice of the Republic of Kazakhstan at No. 2186" (registered in the Register of state registration of regulatory legal acts at No. 2432).

4. To department of strategy and analysis (Abdrakhmanov N. A.):

1) together with Legal department (Sarsenov N. V.) to take measures to state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

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, National Bank of the Republic of Kazakhstan and Consolidation of legal entities "Association of financiers of Kazakhstan".

5. To department of information technologies (Tusupov K. A.) till August 31, 2010 to provide completion of the Non-bank Organizations module.

6. To impose control of execution of this resolution on the vice-chairman of the Agency Aldambergen A. U.

Chairman

E.Bakhmutova

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 29, 2010 No. 41

Rules and method of calculation of values of prudential standard rates for the organizer of the biddings

Chapter 1. General provisions

1. These rules and method of calculation of values of prudential standard rates are developed for the organizer of the biddings according to the laws of the Republic of Kazakhstan of July 2, 2003 "About the security market", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and establish procedure and method of calculation of values of prudential standard rates for the organizer of the biddings.

These rules extend to the organizer of the biddings whose at least twenty five percent from total quantity of voting shares belong to National Bank of the Republic of Kazakhstan regarding requirements, stipulated in Item 3.

1-1. In these rules the following concepts are used:

1) the specialized biddings - the exchange biddings on placement, sale, the redemption or acquisition of the financial instrument with the single seller (buyer) who places, sells (redeems, acquires) the financial instrument;

2) guarantee fund - fund which is created of the guarantee fees of members of the organizer of the biddings according to internal documents of the organizer of the biddings, intended for covering of obligations of the participant (participants) of the biddings in case of its insolvency;

3) the guarantee fee - the fee paid by the member of the organizer of the biddings and which is the compulsory provision for its admission and the admission of the trade members served by it to participation in the biddings held by the organizer of the auction;

4) mid-flight the account - the account opened by the organizer of the biddings addressed to the clearing member for the purpose of accounting of the amounts paid by participants of the exchange biddings according to terminal contracts it is pro rata to the number of the acquired (sold) terminal contracts and obligations used for providing according to terminal contracts which are calculated according to internal documents of the organizer of the biddings;

5) the terminal contract - the contract for absolute or conditional purchase sale of the financial instrument with delayed execution on the conditions established by internal documents of the organizer of the biddings;

6) reserve fund - fund which is created of own means of the organizer of the biddings according to its internal documents, intended for covering of obligations of bidders;

7) the bidder - the member of the organizer of the biddings who is taking part in the biddings the auction held by the organizer.

2. For the purposes of these rules in addition to rating estimates of the agency of "Standard & Poor" of s" authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) rating estimates of the agencies of "Moody" of s Investors Service" and "Fitch" and their affiliated rating organizations are also recognized (further - other rating agencies).

Chapter 2. Prudential standard rate "The minimum size of the capital"

3. The minimum size of the authorized capital of the organizer of the biddings constitutes at least 140 000 (hundred forty thousand)-fold sizes of the monthly settlement indicator established by the law on the republican budget for the corresponding financial year.

4. The minimum size of equity of the organizer of the biddings constitutes at least 140 000 (hundred forty thousand)-fold sizes of the monthly settlement indicator established by the law on the republican budget for the corresponding financial year.

Chapter 3. Method of calculation of the prudential standard rate "Sufficiency of equity"

5. The coefficient of sufficiency of equity of the organizer of the biddings makes at least 0,5.

6. Sufficiency of equity of organizers of the biddings is characterized by K1 coefficient.

The coefficient of K1 is calculated by formula:

Формула к Пост. аген. по рег. и над. фин.рынка от 29.03.10 №41

where:

1) SK - the equity of the organizer of the biddings calculated as the amount:

the authorized capital regarding common shares, minus own redeemed common shares;

the authorized capital regarding preferred shares, minus own redeemed preferred shares;

supplementary capital;

retained net income of last years;

the funds, reserves created at the expense of net income of last years;

excesses of the income of the current year over expenses of the current year;

behind minus:

intangible assets, except for the licensed software acquired for the purposes of the main activities of the organizer of the biddings and corresponding to the International Financial Reporting Standard 38 "Intangible assets" approved by Board of the International accounting standards board in July, 1998, which became effective for the financial reporting covering the periods beginning with or after July 1, 1999 (further - the International accounting standard 38);

losses of last years;

excesses of expenses of the current year over the income of the current year;

investments of the organizer of the biddings (investments of the organizer of the biddings) into shares (shares in the authorized capital) the legal entity;

2) the KR - the credit risk calculated as the amount of assets, contingent and possible obligations, the derivative financial instruments weighed on degree of credit risk according to the Table of assets of the organizer of the biddings weighed on degree of credit risk of investments according to appendix 1 (further - appendix 1) to these rules, the Table of contingent and possible obligations of the organizer of the biddings weighed on degree of credit risk according to appendix 2 (further - appendix 2) to these rules the Table of the derivative financial instruments weighed taking into account credit risk according to appendix 3 (further - appendix 3) to these rules.

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