RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2014 No. 167

About approval of Rules of implementation of activities of the registrar for maintaining system of registers of security holders

According to the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of activities of the registrar for maintaining system of registers of security holders.

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

3. To "Single Registrar of Securities" joint-stock company within sixty calendar days from Date of Introduction in operation of this resolution to bring the internal documents into accord with requirements of this resolution and to submit them for approval to National Bank of the Republic of Kazakhstan.

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

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2014 No. 167

Rules of implementation of activities of the registrar for maintaining system of registers of security holders

1. These rules of implementation of activities of the registrar for maintaining system of registers of security holders (further - Rules) are developed according to the laws of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies", of July 2, 2003 "About the security market" (further - the Law on the security market) and of July 7, 2004 "About investment funds" (further - the Law on investment funds) and determine procedure of activities of the registrar for maintaining system of registers of security holders (further - system of registers).

2. In Rules the following concepts are used:

1) personal account of the issuer for accounting of issued securities which circulation period expired - the personal account opened for the issuer in system of registers for accounting of issued securities which circulation period expired and the issuer obligations on their repayment, the holders of these securities charged off personal accounts are not fulfilled;

2) information system - the system intended for storage, processing, search, distribution, transfer and provision of information using the hardware and software;

3) the register of security holders - set of information about the security holders for certain date allowing to identify these holders, and also type and quantity of the securities belonging to them (rights to claim according to obligations of the issuer on issued securities);

4) personal account of the security holder - the personal account opened for the registered person in system of registers who is the owner of securities (rights to claim according to obligations of the issuer on issued securities) and (or) the central depositary on which registration of transactions is performed and accounting is right on issued securities;

5) personal account of the issuer for accounting of the announced securities - the personal account opened for the issuer in system of registers on whom accounting of not placed issued securities is performed;

6) Islamic securities - Islamic rent certificates and Islamic participation certificates;

7) operational day - period of time during which the registrar performs acceptance, processing of orders, registration of transactions on personal accounts and information transactions;

8) personal account of managing company of mutual investment fund for accounting of the placed shares of mutual investment fund - personal account in system of registers on which accounting of quantity of the placed shares of mutual investment fund which are in circulation is performed;

9) personal account of the general representative - the personal account opened for the general representative of participants of common property in system of registers on whom accounting of the securities (rights to claim according to obligations of the issuer on issued securities) belonging on the property right to several persons is performed;

10) personal account of the issuer for accounting of the redeemed securities - the personal account opened for the issuer in system of registers on whom accounting of the issued securities redeemed by the issuer in the secondary security market, and also enlisted in this respect according to Items 46 and 47 of Rules is performed;

11) transaction in system of registers - set of actions of the registrar of which introduction of the registers this in system or their change and (or) preparation and provision of information from system of registers is result;

12) the registrar - the specialized non-profit organization created in form of business of joint-stock company which more than fifty percent of voting shares belong to National Bank of the Republic of Kazakhstan, the performing activities for maintaining system of registers of security holders;

13) authorized body - National Bank of the Republic of Kazakhstan;

14) personal account of the issuer for accounting of the placed issued securities unclaimed by their holders, - the personal account opened for the issuer in system of registers for accounting of the placed issued securities paid by the holder (holders) but not enlisted on its front (front) the account (account) in connection with non-presentation by the holder (holders) corresponding (corresponding) the order (orders);

15) internal control - set of the procedures performed by bodies and authorized employees of registrar, aimed at providing efficiency of activities of the registrar, its divisions and workers, provision of the authentic reporting on results of activities of the registrar, observance of the legislation of the Republic of Kazakhstan by the registrar and internal documents of the registrar and also timely informing bodies and leading employees of the registrar on the risks inherent in activities of the registrar;

16) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

17) the digital signature - set of electronic symbols created by means of the digital signature and confirming reliability of the electronic document, it pr inadlezhnost and invariance of content;

18) rights to claim according to obligations of the issuer on issued securities - rights to claim according to obligations of the issuer on issued securities which circulation period expired and the issuer does not fulfill obligations on their repayment;

19) personal account of the issuer for accounting of the redeemed rights to claim according to obligations of the issuer on issued securities - the personal account opened for the issuer in system of registers for accounting of the rights to claim redeemed by the issuer in the secondary security market according to its obligations on issued securities which circulation period expired and the issuer obligations on their repayment are not fulfilled.

3. The registrar exercises internal control according to the internal documents approved by governing body of the registrar, determining:

1) object of internal control;

2) requirements to the employees of registrar exercising internal control;

3) the procedures of internal control performed by officials and employees of registrar, terms and procedure for their carrying out;

4) procedure and terms of informing the registrar by the workers exercising internal control, bodies of registrar about results of internal control.

4. The governing body of the registrar provides creation of service of internal audit and creates conditions for execution of internal audit of the obligations by service in the field of internal audit.

Concerning activities of service of internal audit are determined by the internal documents of the registrar approved by its governing body:

structure of service of internal audit, its function, obligation and power;

requirements to the workers performing internal audit;

object of internal audit;

scale and frequency of conducting checks by service of internal audit;

requirements to scheduling of carrying out internal audit;

terms and forms of representation by service of internal audit of reports on results of checks to governing body of the registrar.

5. The employees of registrar exercising internal control and (or) internal audit do not perform types of activity which are object of internal control and (or) internal audit.

6. Operational day of the registrar constitutes at least seven working hours during the day.

7. In system of registers personal accounts are opened for owners of securities (rights to claim according to obligations of the issuer on issued securities) or to the central depositary.

Opening of personal account is made after acceptance by the registrar of the measures for proper check provided by the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Law on counteraction to laundering of the income).

On the personal accounts opened in system of registers to the central depositary the securities (rights to claim according to obligations of the issuer on issued securities) belonging to the central depositary on the property right and also the securities (rights to claim according to obligations of the issuer on issued securities) which are in nominal continence at his clients are considered.

8. Actions of the registrar for forming of system of registers consist in acceptance, check, processing, introduction of the data provided by the issuer, the registrar who was earlier performing maintaining system of registers of security holders and the security holder (rights to claim according to obligations of the issuer on issued securities), in system of registers.

9. The system of registers is constituted by the following documents:

1) orders on carrying out transactions;

2) performance reports of orders (the notification on the performed operations);

3) refusals of execution of orders;

4) copies of the identity document, the registered person who is physical person or the documents established by subitems 2) and 3) of Item 17 of the Rules provided by the registered person who is the legal entity;

5) copies of property trust management agreements with all changes and amendments in them;

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