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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 7, 2011 No. 536

About approval of the Regulations on maintaining the register of security holders in the Kyrgyz Republic

(as amended of the Order of the Government of the Kyrgyz Republic of 16.09.2019 No. 477)

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 maintaining the register of security holders in the Kyrgyz Republic.

2. To public service of regulation and supervision of the financial market under the Government of the Kyrgyz Republic in accordance with the established procedure to take the measures directed to realization of regulations of the enclosed Regulations on maintaining the register of security holders in the Kyrgyz Republic approved by Item 1 of this Resolution.

3. This Resolution becomes effective after 15 days from the date of official publication.

Prime Minister

A. Atambayev

Approved by the Order of the Government of the Kyrgyz Republic of September 7, 2011 No. 536

Regulations on maintaining the register of security holders in the Kyrgyz Republic

1. General provisions

This Regulations on maintaining the register of security holders in the Kyrgyz Republic (further the Provision) are developed according to the Civil code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About the security market", "About joint-stock companies", and also regulatory legal acts of the Government of the Kyrgyz Republic.

This Provision regulates the legal basis of creation, activities and the status of persons performing maintaining the register of security holders in the security market the mechanism of registration of the rights connected with securities and also determines procedure for maintaining the register of security holders.

The issuer independently performs the choice of independent registry holder and signs the contract for maintaining the register only with one independent registry holder.

The agreement shall contain the following essential conditions:

- subject of the agreement;

- procedure and conditions of transfer of the register in case of termination of the contract;

- payment procedure of services of the registrar in maintaining the register and compensation to the registrar of the expenses connected with transfer and storage of the register.

The independent registry holder can keep registers of security holders of unrestricted number of issuers.

2. Terms and determinations

For the purposes of this provision the following terms and determinations are used:

Personal account - identification number of the security holder in the register of security holders.

Types of personal accounts:

- the issued account of the issuer - the account opened for the issuer for transfer on it of securities which release is registered in accordance with the established procedure, and for their subsequent write-off in case of placement or cancellation (repayment) of securities;

- the balance sheet account of the issuer - the account opened for the issuer for transfer on it of the securities redeemed (acquired) by the issuer;

- personal account of the security holder - the account opened for the security holder, the nominee holder, the pawnbroker or the managing director of securities.

The security holder - physical person or legal entity, information on which is entered in the register.

Types of security holders:

- the owner of securities - person to whom securities belong on the property right;

- the managing director of securities - the professional participant of the security market exercising trust management of the securities transferred to it to ownership for certain term and belonging to other person for the benefit of this person or the third parties specified by this person;

- the pawnbroker - the creditor according to the obligation provided with pledge addressed to which pledge of securities is drawn up.

Transaction - set of actions of registry holder of which change of information containing on personal account and/or preparation and provision of information from the register is result.

The transfer order - the document provided to registry holder or depositary, containing the order of the security holder about making of transactions on the securities belonging to it.

The register - the book of registration of transactions (changes) made in system of maintaining the register of security holders in chronological procedure.

The register - set of the documents used for the purpose of implementation of activities for maintaining the register of security holders.

The register of security holders - the set of data recording performed in single system about the issuer, the quantity, category (type) issued by the issuer in security circulation about each security holder with indication of whether he is security holder, the nominee holder of securities or the managing director of securities; about each security, acquisition time (transfer to nominal continence, the securities management) of securities, and also about the number of such securities at each of security holders, with indication of their details (the location and the settlement account for security holders - legal entities, data of the identity document (the passport, the military ID, the certificate of birth, etc.: series, number, date and the place of issue) and residence for security holders - physical persons), details of persons which according to the data provided to the issuer or registry holder have mortgage rights to securities also shall be entered in the register with indication of whether the pawnbroker has the rights reserved for securities and also about other bases of acquisition of rights securities and about the facts of encumbrance of securities by obligations of pledge, about crushing and consolidation of securities, about payment of the income for securities (acceptance date by the issuer of the decision on payment of the income, information on the income on 1 security according to the made decision).

Authorized representative:

- the official of the legal entity who according to constituent documents and/or the charter of the legal entity has the right to act on behalf of this legal entity without power of attorney;

- person authorized by the security holder to make actions with securities from his name based on the power of attorney;

- legal representative of the security holder (parents, adoptive parents, guardians, custodians).

3. Information, documents and organization of system of maintaining register

1. These systems of maintaining register.

The system of maintaining the register of security holders shall contain the data sufficient for possibility:

- identifications of security holders;

- exact and timely fixing of the rights to securities of security holders;

- data collection about the security holders who are in nominal continence;

- obtaining by security holders, the issuer and representatives of state bodies of information according to this Provision.

2. The register shall contain information:

- about the issuer;

- about registry holder, its branches and representations;

- about all issues of securities of the issuer;

- about security holders (the location and the settlement account for holders of valuable bumagyuridichesky persons, the identity document: series, number, date and the place of issue, and residence for security holders - physical persons), category (type), quantity, the state registration number of the issues of securities considered on their personal accounts and about transactions on personal accounts;

- about the issued securities redeemed by the issuer earlier, their quantity, acquisition value and category (type);

- about the documents confirming transactions with securities and also other bases of acquisition of rights securities and on the facts of encumbrance of securities by obligations;

- about the facts of encumbrance of securities by obligations of pledge, about details of persons which, according to the data provided to the issuer or registry holder, have mortgage rights to securities, and also instructions about procedure for realization of the rights for pledged securities;

- other data, stipulated by the legislation the Kyrgyz Republic about securities.

The standard list of security holders is on paper given in appendix 1 to this Provision.

The register of security holders can be kept both in paper form, and by means of the computer or other technical means. From the moment of the first issue the registry holder shall receive and constantly store the complete information about all transactions with securities of the issuer, including all necessary documentation on these transactions. This information can be provided in paper form or other form, convenient for storage. If information is entered into the computer, it is necessary to provide possibility of its complete recovery by means of duplicative system which can be provided in paper form and/or electronically in the special store (disk, flash cards, etc.)

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