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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 26, 2012 No. 120

About approval of rules and conditions of combination of types of professional activity in the security market

(as amended on 29-08-2024)

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 Rules and conditions of combination of types of professional activity in the security market according to appendix 1 to this resolution.

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan according to appendix 2 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

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 120

Rules and conditions of combination of types of professional activity in the security market

Chapter 1. General provisions

1. These rules and conditions of combination of types of professional activity in the security market (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About the security market" and determine procedure and conditions of combination of types of professional activity in the security market.

Chapter 2. Procedure for combination of types of professional activity in the security market

2. In the security market the following types of professional activity are combined:

1) broker and (or) dealer - with custodial activities, activities for management of investment portfolio, and also for the National operator of mail and banks performing broker and (or) dealer activities - about transfer - agency activities;

2) management of investment portfolio - with broker and (or) dealer activities;

3) custodial - with broker and (or) dealer activities, transfer - agency activities;

4) depositary - with activities for maintaining system of registers of security holders, for the organization of trade with securities and other financial instruments, with clearing activities for transactions with financial instruments, about transfer - agency activities;

5) the organization of trade with securities and other financial instruments - with clearing activities for transactions with financial instruments;

6) clearing activities for transactions with financial instruments - with broker and (or) dealer activities with the right of account management of clients as the nominee holder.

Chapter 3. Conditions of combination of types of professional activity in the security market

3. Combination of types of professional activity in the security market is allowed on condition of compliance to requirements imposed to the corresponding types of professional activity in the security market.

4. For combination of the types of professional activity in the security market specified in subitems 1), 2), 3), 5) and 6) of Item 2 of Rules, the professional participant of the security market obtains the license of authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) on implementation of the corresponding licensed type of professional activity in the security market.

5. The central depositary combines types of professional activity without availability of the license of authorized body according to Item 2-1 of article 45 of the Law of the Republic of Kazakhstan "About the security market", except for transfer - agency activities.

Appendix 2

to the Resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 120

The list of the regulatory legal acts of the Republic of Kazakhstan recognized 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 December 27, 2004 No. 396 "About entering of amendment into the resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2003 No. 379 "About combination of types of professional activity in the security market" (registered in the Register of state registration of regulatory legal acts at No. 3416).

3. 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. 278 "About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2003 No. 379 "About combination of types of professional activity in the security market" (registered in the Register of state registration of regulatory legal acts at No. 3854).

4. 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 February 23, 2007 No. 45 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2003 No. 379 "About combination of types of professional activity in the security market" (registered in the Register of state registration of regulatory legal acts at No. 4612, published in March-April, 2007 in the Collection of acts of the central executive and other state bodies of the Republic of Kazakhstan).

5. 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 June 25, 2007 No. 174 "About entering of amendment into the resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2003 No. 379 "About combination of types of professional activity in the security market" (registered in the Register of state registration of regulatory legal acts at No. 4828).

6. 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 September 24, 2007 No. 238 "About modification of the resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2003 No. 379 "About combination of types of professional activity in the security market" (registered in the Register of state registration of regulatory legal acts at No. 4978).

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