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The document ceased to be valid since January 1, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of October 29, 2018 No. 253

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 13, 2012 No. 31

About approval of Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it

(as amended of the Resolution of Board of National Bank of the Republic of Kazakhstan of 19.12.2015 No. 250)

According to the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it.

2. Declare invalid regulatory legal acts of the Republic of Kazakhstan, according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Chairman of National Bank

G. Marchenko

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of February 13, 2012 No. 31

Rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it

1. These rules of realization of shareholder right of joint-stock company on preferential security purchase and refusal of it are developed according to the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies" (further - the Law) and determine procedure for realization of shareholder right of joint-stock company (further - society), except for "Fund of Guaranteeing Insurance Payments" joint-stock company, on preferential purchase of the announced shares of society or other securities converted into common shares of society and also realized by society of the specified securities earlier redeemed by society (further - the placed (implementable) securities), and refusal of it.

2. The offer to shareholders of society to acquire the placed (implementable) securities according to their right of preferential security purchase of society it is brought by society to the attention of the shareholders one of the following methods:

1) by means of the direction of the individual written notice containing the specified offer, to each shareholder of society according to the list provided to society by the registrar according to Item 5 of these rules (further - the written notice);

2) by means of the publication of the specified offer in the mass media meeting the requirements established 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 27, 2005 No. 311 "About the mass media used for the publication of information on activities of joint-stock company and requirements to them" (registered in the Register of state registration of regulatory legal acts at No. 3860) and the charter of society.

If shareholder of society is the client of the nominee holder, data on whom are absent in system of accounting of the central depositary, the offer to shareholders of society to acquire the placed (implementable) securities according to their right of preferential security purchase is brought by society to the attention of the shareholders by means of the publication in mass media.

3. In the written notice or the publication in mass media the following information is specified:

1) quantity and types of the placed (implementable) securities;

2) ratio of quantity placed (less redeemed by society) shares to the quantity of the placed (implementable) securities by their types;

3) conditions of acquisition of the placed (implementable) securities with indication of payment due date of securities taking into account requirements of article 16 of the Law;

4) the price of placement (realization) of the placed (implementable) securities established by the body of society authorized on adoption of such decision;

5) postal addresses to which the shareholder submits the application for acquisition of the placed (implementable) securities with indication of:

surnames, name (in the presence - middle names), contact details of persons performing on each of such postal addresses interaction with shareholders of society concerning acquisition by them of the placed (implementable) securities according to the right of preferential security purchase of society;

names of the underwriter (issued consortium) in case of placement (realization) of the placed (implementable) securities of society through the underwriter or issued consortium.

4. The shareholder who does not have enough shares necessary for acquisition of the placed (implementable) securities of society in accordance with the terms of acquisition, the stipulated in Clause 16 Laws, acquires the placed (implementable) securities on the right of common property with other shareholders of society.

5. The list of the shareholders having the right of preferential purchase of the placed (implementable) securities is constituted by the registrar according to the written order of society based on data of system of registers of security holders of society for the beginning of date (00 hours 00 minutes) of adoption by authorized body of society of the decision on placement (realization) of securities of society.

6. The term during which the shareholder submits the application for acquisition of the placed (implementable) securities according to the right of preferential purchase (further the request) constitutes thirty calendar days from the date of receipt by the shareholder of the written notice of society or the publication in mass media of information on placement (realization) of securities by society.

The term during which the shareholder of the financial organization having intention to place the announced shares, and also to realize earlier redeemed shares for the purpose of ispolneniyaprudentsialny and others, the set legislation of the Republic of Kazakhstan of regulations and limits upon the demand of authorized body on regulation, control and supervision of the financial market and the financial organizations, submits the application constitutes five working days from the date of receipt by the shareholder of the written notice of society or the publication in mass media of information on placement (realization) of securities by the financial organization.

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