of February 24, 2012 No. 88
About approval of Rules of execution by the representative of bondholders of the functions and obligations, early termination of its powers, requirements to contents of the agreement on representation of interests of bondholders signed between the issuer and the representative of bondholders, and terms of provision of information in authorized body on regulation, control and supervision of the financial market and the financial organizations, Rules of transfer to bankrupt managing directors of the allocated assets to management (with sales right of the allocated assets and addresses of collection on the pledged property and other providing which is part of the allocated assets) to the representative of bondholders of special finance company
According to the Law of the Republic of Kazakhstan "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve:
2) Rules of transfer to bankrupt managing directors of the allocated assets to management (with sales right of the allocated assets and addresses of collection on the pledged property and other providing which is part of the allocated assets) to the representative of bondholders of special finance company according to appendix 2 to this resolution.
2. Recognize invalid:
2) 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 July 16, 2007 No. 207 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of November 12, 2003 No. 397 "About approval of Rules of execution by the representative of bondholders of the functions and obligations, about procedure and cases of early termination of its powers, and also about requirements to contents of the agreement on representation of interests of bondholders signed between the issuer and the representative of bondholders" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 4891);
3) Item of 1 appendix to 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 April 29, 2009 No. 89 "About entering of amendments and changes into some regulatory legal acts of the Republic of Kazakhstan concerning the security market" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 5701).
3. This resolution becomes effective after ten calendar days after day of its first official publication.
Chairman of National Bank
G. Marchenko
Appendix 1
to the Resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 88
These rules of execution by the representative of bondholders of the functions and obligations, early termination of its powers of the requirement to contents of the agreement on representation of interests of bondholders signed between the issuer and the representative of bondholders, terms of provision of information in authorized body on regulation, control and supervision of the financial market and the financial organizations (further - Rules), are developed according to the laws of the Republic of Kazakhstan "About the security market" (further - the Law) and "About project financing and securitization" (further - the Law on project financing and securitization), and determine procedure for execution by the representative of bondholders (further - the representative) the functions and obligations in case of release, placement, the address and repayment of secured, infrastructure or mortgage bonds (further - bonds), requirements to contents of the agreement on representation of interests of bondholders, put between the issuer and the representative, procedure and cases of early termination of its powers, terms of provision of information in authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) according to the subitem 5) Item 1 of article 20 of the Law.
1. Control of execution by the issuer of obligations to bondholders is exercised by the representative by information analysis about the issuer:
1) the financial reporting, including the annual financial reporting and the audit report (in the presence) determined according to the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting placed on Internet resources of depositary and stock exchange which list includes the securities issued by the issuer;
2) published in mass media;
3) containing in the periodic reports of the issuer provided according to the procedure and the terms established by the agreement on representation of interests of bondholders signed between the issuer and the representative (further - the agreement);
4) containing in the information on execution by the issuer of obligations to bondholders provided to the representative according to its requests.
1-1. The representative informs authorized body and bondholders on the actions according to subitems 1), 1-1), 2), 3), 3-1), 4) and 4-1) Items 1 of article 20 of the Law and on results of such actions:
1) quarterly, no later than the last calendar day of the second month following reporting quarter - concerning issuers whose securities do not address on the platform of the stock exchange functioning in the territory of foreign state;
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