RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 22, 2014 No. 210

About approval of Rules of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of nominal continence and system of registers of security holders, provisions of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence and provision by the nominee holder of customer information which securities are in its nominal continence, upon the demand of the central depositary and the issuer

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 the enclosed Rules of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of nominal continence and system of registers of security holders, provisions of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence and provision by the nominee holder of customer information which securities are in its nominal continence, upon the demand of the central depositary and the issuer.

2. Recognize 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.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of October 22, 2014 No. 210

Rules of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of nominal continence and system of registers of security holders, provisions of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence and provision by the nominee holder of customer information which securities are in its nominal continence, upon the demand of the central depositary and the issuer

These rules of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of nominal continence and system of registers of security holders, provisions of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence and provision by the nominee holder of customer information which securities are in its nominal continence upon the demand of the central depositary and the issuer (further - Rules) are developed according to Item 1 of Article 36, Item 1 of Article 38, Item 3 of Article 57, Items 1 and 4 of Article 61, Item 1 of article 62 of the Law of the Republic of Kazakhstan "About the security market" (further - the Law on the security market), the subitem 10) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" also establish order of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of nominal continence and system of registers of security holders, conditions and procedure for provision of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence, and also procedure for provision by the nominee holder of customer information which securities are in its nominal continence upon the demand of the central depositary and the issuer.

Chapter 1. General provisions

1. For the purposes of Rules the following concepts are used:

1) personal account of the security holder - the personal account opened for the client and intended for accounting of its securities (rights to claim according to obligations of the issuer on issued securities);

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

3) the financial organization - the bank managing investment portfolio, the insurance (reinsurance) organization;

4) personal account of the issuer for accounting of the announced securities - the personal account opened for the issuer in system of accounting of nominal continence on which accounting of not placed securities, except for shares is performed;

5) personal account of the nominee holder - the personal account opened for the nominee holder and intended for accounting of securities (rights to claim according to obligations of the issuer on issued securities) his clients;

6) transaction in system of accounting of nominal continence - set of actions of the nominee holder of which entering (change) of data into system of accounting of nominal continence and (or) preparation and provision of information constituting system of accounting of nominal continence is result;

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

8) transaction of "repo" - set of the security transactions of one release which two are at the same time concluded, differing on completion dates and opposite in the direction each other, the "repo" which are subject of transaction which parties are two same faces (participants of transaction of "repo");

9) authorized body - authorized body on regulation, control and supervision of the financial market and the financial organizations;

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

11) the digital signature - set of electronic symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

12) personal account of the issuer for accounting of the redeemed securities - the personal account opened for the issuer in system of accounting of nominal continence on which accounting of the securities redeemed by the issuer in the secondary security market, except for shares is performed.

2. The nominee holder after the conclusion of the contract on nominal continence with the client opens for the client in system of accounting of nominal continence personal account and addresses to the central depositary behind assignment of unique code to this client, and also opens sub-account of the client in system of accounting of the central depositary and (or) foreign settlement organization if it is provided by the agreement signed between the nominee holder and his client.

Opening of anonymous personal accounts and sub-accounts, and also personal accounts and sub-accounts on fictitious names is not allowed, except as specified, the Rules of implementation of activities of the central depositary provided by the subitem 5) of Item 18 approved by the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 307, registered in the Register of state registration of regulatory legal acts at No. 17920 (further – Rules No. 307).

For the purposes of these rules as the foreign settlement organization it is understood:

the nonresident bank of the Republic of Kazakhstan having long-term credit rating evaluation not below "VVV-" on the international scale of the Standard & Poor agency "s (The standard and Purs) or rating assessment of similar level of Moody rating agencies" s Investors Service (Mudis Investors Service) and Fitch (Features);

the foreign organization which is performing the functions similar to functions of the nominee holder, stipulated in Item 1 article 59 of the Law on the security market, having long-term credit rating evaluation not below VVV on the international scale of the Standard & Poor agency "s (The standard and Purs) or rating assessment of similar level of Moody rating agencies" s Investors Service (Mudis Investors Service) and Fitch (Features);

the nonresident organization of the Republic of Kazakhstan which is the member of International association concerning servicing of securities (International Securities Services Association) (International Securities Servises Assotsieyshn);

the foreign settlement organizations specified in Item 8 of Rules of implementation of broker and (or) dealer activities in the security market, procedure for carrying out by the broker and (or) dealer of the banking activities approved by the resolution of Board of National Bank of the Republic of Kazakhstan of February 3, 2014 No. 9, registered in the Register of state registration of regulatory legal acts at No. 9249.

3. When opening personal account (sub-account) to the client physical person by the nominee holder establishes the tax residence of the client physical person based on the data provided by this client physical person.

4. Operational day of the nominee holder constitutes at least seven working hours during the day.

5. Individual number is assigned to personal account by the nominee holder. The personal account of the client contains the following data in system of accounting of nominal continence about (about):

1) the registered person (surname, name, middle name (in case of its availability) or the name of the security holder, signs of residence of the client, data on nationality of physical person, the sector of economy (according to the Rules of application of codes of sectors of economy and purpose of payment approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 203, registered in the Register of state registration of regulatory legal acts at No. 14365), data on the document confirming registration of the legal entity or data on the identity document of physical person, individual identification number (further – IIN) physical person or business and identification number (further – BIN) the legal entity (in the presence), post and legal addresses, bank details (including bank details, the remunerations intended for transfer and the amounts of repayment on securities, and the bank details intended for implementation of calculations for security transactions), data on tax benefits and information necessary for the central depositary and (or) the nominee holder according to the set of rules or the internal document of the nominee holder for opening of sub-account and (or) personal account, respectively);

2) the quantity, type and security identification number registered on this personal account (sub-account);

3) quantity and the identifier of rights to claim according to obligations of the issuer on issued securities;

4) the quantity of the encumbered securities (rights to claim according to obligations of the issuer on issued securities);

5) persons for benefit of whom encumbrance of securities is performed (rights to claim according to obligations of the issuer on issued securities);

6) the quantity of the blocked securities (rights to claim according to obligations of the issuer on issued securities);

7) the number of the securities which are subject of transaction of "repo";

8) the transactions registered on this personal account and the transactions reflected in system of accounting of nominal continence:

type of the transaction (transaction);

date and time of its registration;

basis of carrying out transaction (transaction);

numbers of the personal accounts participating in transaction;

quantity, type, security identification number (quantity and the identifier of rights to claim according to obligations of the issuer on issued securities) concerning which the transaction is registered;

9) data necessary for certain transaction types (transactions).

The sub-account of the client of the depositor in the central depositary, in addition to the data specified in subitems 2), 3), 4), 5), 6), 7), 8) and 9) of this Item contains data on the unique code of this client of the depositor assigned by the central depositary according to Items 37-1 and 37-2 of Rules No. 307, and also contains additional data in case of their provision in the central depositary.

6. On personal accounts the following Sections open:

1) "main" - is intended for accounting of securities (rights to claim according to obligations of the issuer on issued securities) on which restrictions for carrying out transactions are not set;

2) "blocking" - it is intended for accounting of securities (rights to claim according to obligations of the issuer on issued securities) on which based on the decision of the state body authorized according to the laws of the Republic of Kazakhstan on adoption of such decision the temporary ban on registration of civil security transactions (rights to claim according to obligations of the issuer on issued securities) performed for the purpose of guaranteeing safety of securities is imposed (rights to claim according to obligations of the issuer on issued securities);

3) "repo" - is intended for accounting of the securities which are subject of transaction of the "repo" concluded by automatic method and without use of services of the Central partner;

4) "encumbrance" - it is intended for accounting of securities (rights to claim according to obligations of the issuer on issued securities) on which restrictions for implementation of transactions for providing the obligations of the security holder (rights to claim according to obligations of the issuer on issued securities) before other persons which arose based on the civil transaction are imposed;

5) "Sections of the clearing organization (the central partner)" - are intended for accounting of the financial instruments which are fees in guarantee funds of the clearing organization (the central partner), mid-flight fees, complete and (or) partial ensuring obligation fulfillment according to the bargains concluded in trade system of stock exchange by method of open tenderings and (or) with participation of the central partner, transactions according to these Sections are made only in the presence of the corresponding order of the clearing organization (the central partner) after execution by the clearing participant of all the obligations according to the concluded bargains and (or) holding procedures for settlement of default.

The nominee holder in case of need opens on personal account additional Sections for accounting of securities.

7. The personal account of the nominee holder is opened for nominee holders in system of accounting of the central depositary or in system of accounting of custodian or foreign settlement organization when rendering services of nominal continence to them concerning foreign securities or to other foreign settlement organizations, based on the order on opening of personal account and the documents determined by the set of rules of the central depositary or internal documents of custodian or foreign settlement organization.

8. Opening of personal account to physical person in system of accounting of nominal continence is performed by the nominee holder based on the order on opening of personal account, the identity certificate or electronic document from service of digital documents (for identification) and agreements on nominal continence.

In case of submission of the order on opening of personal account to physical person in the electronic form or other electronic and digital form certified by means of dynamic and (or) biometric identification of the client (in case of the request of the client of the nominee holder for receipt of electronic services) with use of information systems, the electronic copy of the identity certificate or the electronic document from service of digital documents (for identification) this physical person, or data of the identity document of physical person, and its individual identification number is attached to the electronic order of physical person.

9. Opening of personal account to the legal entity in system of accounting of nominal continence is performed by the nominee holder based on the following documents:

1) the order on opening of personal account;

2) copies of the reference or certificate on state registration (re-registration) of the legal entity;

3) agreements on nominal continence;

4) for legal resident person of the Republic of Kazakhstan:

the document containing notarially attested specimen signatures of the representatives of the legal entity having rights to sign documents for registration of transactions on personal accounts and information transactions, the including data about (about):

name of the nominee holder;

the name of the legal entity - the client of the nominee holder granting the right to signing of the document;

positions, surnames, name, middle name (in case of its availability) the representative of the client of the nominee holder, data of the identity document;

specifying on the fact that the specimen signatures containing in this document are considered obligatory when implementing all transactions on the personal account of the client opened in system of nominal continence;

for legal nonresident person of the Republic of Kazakhstan:

the document with specimen signatures of the representatives of the legal entity having rights to sign documents for registration of transactions on personal accounts and information transactions;

powers of attorney or decisions of authorized body of the legal entity confirming powers of the representative of the legal entity to sign documents for registration of transactions on personal accounts and information transactions.

In case of opening to the legal entity in system of nominal continence of two and more personal accounts, the documents listed in subitems 2), 3), 4) of this Item are provided when opening the first personal account.

10. Opening of personal account of mutual investment fund in system of accounting of nominal continence is performed by the nominee holder based on the following documents:

1) the order on opening of personal account of the managing director of investment portfolio;

2) the document containing notarially attested specimen signatures of the representatives of the managing director of investment portfolio having rights to sign documents for registration of transactions on personal accounts and information transactions, the including data about (about):

name of the nominee holder;

name of mutual investment fund;

name of the managing director of investment portfolio;

positions, surnames, name, middle name (in case of its availability) representatives of the managing director of investment portfolio, data of the identity document;

specifying on the fact that the specimen signatures containing in this document are considered obligatory when implementing all transactions on the personal account of mutual investment fund opened in system of accounting of nominal continence;

3) other documents provided by the internal document of the nominee holder.

11. The nominee holder opens personal accounts for clients of the organization performing activities for management of investment portfolio (further - the managing director of investment portfolio), based on the following documents:

1) the order on opening of the personal account issued by managing investment portfolio according to the contract for management of investment portfolio or the power of attorney of the client or his client independently;

2) the documents specified in Items 8 and 9 of Rules;

3) copies of the contract for managements of investment portfolio or powers of attorney of the client on implementation of transactions with securities on the customer account;

4) the document containing notarially attested specimen signatures of the representatives of the managing director of investment portfolio having rights to sign documents for registration of transactions on personal accounts and information transactions, the including data about (about):

name of the nominee holder;

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