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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 1, 2011 No. 526

About approval of the Regulations on carrying out qualification certification of applicants for the right of receipt of the certificate of competency of the professional participant of the security market

(as amended on 13-01-2023)

According to the Law of the Kyrgyz Republic "About the security market" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on carrying out qualification certification of applicants for the right of receipt of the certificate of competency of the professional participant of the security market.

2. This resolution becomes effective since January 1, 2011.

3. Publish this resolution in official mass media.

Prime Minister

A. Atambayev

Approved by the Order of the Government of the Kyrgyz Republic of September 1, 2011 No. 526

Regulations on carrying out qualification certification of applicants for the right of receipt of the certificate of competency of the professional participant of the security market

1. General provisions

This Regulations on carrying out qualification certification of applicants for the right of receipt of the certificate of competency of the professional participant of the security market regulate the organization and carrying out qualification certification (further - certification) applicants for the right of receipt of the certificate of competency of the professional participant of the security market for the purpose of detection of their qualification.

The physical persons applying for receipt of the certificate of competency of the professional participant of the security market (further - applicants), submit certifying commission the following documents, by their delivery to authorized state body on regulation of the security market (further - authorized body):

- the statement of the established sample, signed with own hand (appendix 1);

- the original of the questionnaire of the candidate for receipt of the certificate of competency, the established sample according to appendix 5 to this Provision;

- the copy of the diploma about the higher economic education or the copy of the diploma about other higher education with appendix (notarially certified);

- passport copy;

- ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 02.06.2017 No. 334

- the document testimonial of lack of criminal record issued by authorized state body;

- two color photos (size of 3x4 cm);

- receipt on payment of collection for issue of the certificate of competency.

The statement is registered after representation of complete packet of necessary documents. Documents acceptance stops in five days prior to qualification certification.

Responsibility for reliability of data in documents submitted for consideration is born by the applicant.

All documents shall be fastened in folder on which face the surname, name and the applicant's middle name is entered.

The admission to qualification certification is performed by certifying commission.

Lists of the applicants allowed to qualification certification affirm certifying commission not later than 2 (two) days prior to qualification certification.

For carrying out qualification certification of the physical persons wishing to receive the certificate of competency of the professional participant of the security market, and also for consideration of the arrived appeals the order of the head of authorized body creates the certification and appeal commissions.

1-1. Qualification requirements to applicants of the professional participant of the security market

Applicants for the right of receipt of the certificate of competency of the professional participant of the security market shall conform to the following qualification requirements:

- have the higher education;

- have faultless goodwill.

The applicant for the right of receipt of the certificate of competency of the professional participant of the security market is considered not having or lost faultless goodwill in the following cases:

- if it has not removed and unspent conviction for crime execution in the sphere of economy;

- if it is recognized as court that its actions or failure to act led to involuntary liquidation, including bankruptcy of the legal entity;

- if he has no right to perform activities in bank, financial, auditor, insurance and investment spheres by a court decision;

- if it lost faultless goodwill in other fields of activity by a court decision;

- in the presence at it the unexecuted judgment on payment of the financial liabilities;

- if it intentionally provided in authorized body on regulation of the security market false information and documents.

2. Certifying commission

The certifying commission consists of five members and the responsible secretary.

The chairman of certifying commission and two members are appointed the head of authorized body on permanent basis from among representatives of authorized body.

Two members of certifying commission are elected from among professional participants of the security market (with work experience at least 5 years), according to the recommendation of Association of investment institutes of the Kyrgyz Republic, for the term of no more than six months.

Preparation of meeting of certifying commission and record keeping is performed by the responsible secretary.

Certifying commission:

- develops and approves the program of qualification certification (further - the program) which includes the list of the questions and answers used by preparation of certification tasks;

- makes changes and additions to the program taking into account change of regulatory legal acts of the Kyrgyz Republic;

- on the basis of adopted agenda prepares content of certification tasks (tests and tasks), possible answers on them;

- brings the developed and approved certification tasks with answers on the electronic medium, in the electronic program for further carrying out electronic qualification certification;

- develops and applies the procedure of coding of certification task and the appraisal sheet of the applicant to ensuring anonymity when implementing check and assessment of results of certification;

- performs check of certification tasks of applicants following the results of the carried-out certification.

Meetings of certifying commission are competent if at them there are at least three members of certifying commission. Decisions are made by a simple majority vote, the members of certifying commission who are present at meeting. In case of equality of votes the voice of the chairman of certifying commission is decisive.

Meetings of certifying commission and decisions made on them are drawn up by protocols which are signed by the being present members of certifying commission. For record of the questions discussed at meeting of certifying commission technical means of record can be used.

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