Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 78

About approval of Rules of recognition by the organizations performing broker and (or) dealer activities in the security market, individual and institutional investors by skilled investors

(as amended on 20-01-2021)

According to the laws of the Republic of Kazakhstan of July 2, 2003 "About the security market" and of March 19, 2010 "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of recognition by the organizations performing broker and (or) dealer activities in the security market, individual and institutional investors by skilled investors.

2. To the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio within three months from Date of Introduction in operation of this resolution to bring the activities and internal documents into accord with requirements of this resolution.

3. This resolution becomes effective after ten 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 24, 2012 No. 78

Rules of recognition by the organizations performing broker and (or) dealer activities in the security market, individual and institutional investors by skilled investors

These rules of recognition by the organizations performing broker and (or) dealer activities in the security market, individual and institutional investors by skilled investors (further - Rules) are developed according to the laws of the Republic of Kazakhstan of July 2, 2003 "About the security market", of March 19, 2010 "About the state statistics" and determine procedure and conditions of recognition by the organizations performing broker and (or) dealer activities in the security market, individual and institutional investors by skilled investors.

1. For the purpose of application of Rules the following concepts are used

1) person performing recognition by the skilled investor - the organization performing broker and (or) dealer activities based on the corresponding license of authorized body on regulation, control and supervision of the financial market and the financial organizations;

2) the register - set of information about the legal and (or) physical persons recognized as skilled investors;

3) authorized body - authorized body on regulation, control and supervision of the financial market and the financial organizations.

2. The physical person or legal entity (further - person) is recognized the skilled investor, on condition of its compliance to requirements imposed by Rules.

3. Person having intention to be acknowledged skilled investor provides to person performing recognition by the skilled investor, the following documents:

1) the statement which contains:

information about the applicant:

for physical person:

surname, name, middle name (in case of its availability);

name and details of the identity document;

legal address and residence;

for the legal entity:

full and abbreviated name

number and date of state registration (re-registration) as the legal entity;

location;

2) for physical person:

the documents confirming availability of the higher economic, mathematical or legal education;

the documents confirming availability of length of service in the financial organization at least three years;

3) for the legal entity - the documents confirming availability in the state at least two employees having the higher economic, mathematical or legal education, and also length of service in the financial organization at least three years;

4) the documents confirming that the quantity of committed security transactions and (or) other financial instruments within one calendar year preceding date of filing of application about recognition by the skilled investor made at least fifty transactions in the organized market of securities;

5) documents with indication of the list of types of service and the list of types of securities and (or) other financial instruments concerning which person intends to be the acknowledged skilled investor;

6) the documents specifying that the applicant is informed on the restrictions set by the legislation of the Republic of Kazakhstan on the security market on securities and (or) other financial instruments intended for skilled investors, and also transactions with such securities and (or) other financial instruments;

7) the agreement on rendering services regarding implementation of investments into the financial instruments permitted to acquisition only at the expense of means of skilled investors signed on conditions, stipulated in Item 12 Rules.

4. Person performing recognition by the skilled investor in time no more than thirty calendar days performs verification of the documents submitted by the applicant regarding observance of the established requirements, compliance to which is necessary for recognition of person by the skilled investor.

5. Person performing recognition by the skilled investor refuses recognition of person by the qualified investor in case of its discrepancy to requirements imposed by Rules in the terms specified in item 4 of Rules. In case of refusal in recognition of person by the skilled investor person performing recognition by the skilled investor in writing notifies the applicant on the refusal bases no more than three calendar days in time.

6. The decision on recognition of person by the skilled investor contains specifying concerning what types of securities and other financial instruments and (or) what types of service this person is recognized as the skilled investor.

7. Person performing recognition by the skilled investor notifies person about the made decision no more than three calendar days in time.

8. Person is considered the skilled investor from the date of introduction of record about its inclusion in the register by person performing recognition by the skilled investor.

9. Person performing recognition by the skilled investor demands from the legal entity recognized as the skilled investor, confirmations of observance of requirements, compliance to which is necessary for recognition of person by the skilled investor, and performs check of observance of the specified requirements. Check is performed once in quarter.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.