Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since February 4, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of December 28, 2018 No. 322

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 6, 2003 No. 430

About approval of Rules of release, placement, the address and repayment of the Kazakhstan depositary receipts, state registration of their release and submission of reports on results of placement or repayment of the Kazakhstan depositary receipts, and also about the requirements which are subject to observance by the issuer of the Kazakhstan depositary receipts

(as amended on 19-12-2015)

Based on the subitem 5) of Item 2 of Article 3 and article 35 of 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 release, placement, the address and repayment of the Kazakhstan depositary receipts, state registration of their release and submission of reports on results of placement or repayment of the Kazakhstan depositary receipts, and also about the requirements which are subject to observance by the issuer of the Kazakhstan depositary receipts.

2. This resolution becomes effective after fourteen days from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

3. From the date of enforcement of this resolution to declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of October 24, 2002 No. 421 "About recognition by derivative securities of the Kazakhstan depositary receipts and approval of Rules of state registration of release of the Kazakhstan depositary receipts" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 2072, published on December 2-15, 2002 in editions of National Bank of the Republic of Kazakhstan Kazakstan Ulttyk Bank_n_n Habarshysy "and" the Bulletin of National Bank of Kazakhstan").

4. To department of financial supervision (Bakhmutova E. L.):

1) together with Legal department (Sharipov S. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution to bring it to the attention of the interested divisions of central office of National Bank of the Republic of Kazakhstan, organizers of the biddings, the central depositary, Consolidation of legal entities in the form of Association of Asset Managers association, Consolidation of legal entities "Association of financiers of Kazakhstan", the organizations performing custodial activities and the organizations performing broker and dealer activities in the security market.

5. To management on ensuring activities of management of National Bank of the Republic of Kazakhstan (Terentyev A. L.) and to Management of documentary providing and control (Dzherembayev E. E.) provide the publication of this resolution in official mass media of the Republic of Kazakhstan and printing editions of National Bank of the Republic of Kazakhstan.

6. To impose control over execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Saydenov A. G.

Chairman of National Bank

G. Marchenko

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 6, 2003 No. 430

Rules of release, placement, the address and repayment of the Kazakhstan depositary receipts, state registration of their release and submission of reports on results of placement or repayment of the Kazakhstan depositary receipts, and also about the requirements which are subject to observance by the issuer of the Kazakhstan depositary receipts

Rules of release, placement, the address and repayment of the Kazakhstan depositary receipts, state registration of their release and submission of reports on results of placement or repayment of the Kazakhstan depositary receipts, and also about the requirements which are subject to observance by the issuer of the Kazakhstan depositary receipts (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About the security market" and determine conditions and procedure for release, placement, the address and repayment, the Kazakhstan depositary receipts, their state registration and submission of reports on results of placement and repayment of the Kazakhstan depositary receipts, and also establish the requirements which are subject to observance by their issuer.

Chapter 1. General provisions

1. In these rules the following concepts are used:

1) underlying asset of the Kazakhstan depositary receipts - the issued securities issued according to the legislation of foreign state;

2) the foreign accounting organization - the foreign organization performing accounting of the rights to underlying asset of the Kazakhstan depositary receipts;

3) repayment of the Kazakhstan depositary receipts - actions of the issuer of the Kazakhstan depositary receipts for retirement of the placed Kazakhstan depositary receipts by their exchange for underlying asset, or other assets according to the prospectus of release of the Kazakhstan depositary receipts.

2. The underlying asset of the Kazakhstan depositary receipts (further - underlying asset) is subject to storage and accounting according to the legislation of the country of release of underlying asset.

3. Payment under transactions with the Kazakhstan depositary receipts, and also transfer of dividends or remuneration on underlying asset are performed in national currency of the Republic of Kazakhstan.

Chapter 2. Release, placement, address and repayment of the Kazakhstan depositary receipts. Requirements, the Kazakhstan depositary receipts which are subject to observance by the issuer

4. The Kazakhstan depositary receipts are issued in paperless form.

5. Placement and the circulation of the Kazakhstan depositary receipts is performed in the organized market of securities according to rules of the organizer of the biddings.

6. Accounting and confirmation of the property rights according to the Kazakhstan depositary receipts is performed by the central depositary.

7. The circulation of the Kazakhstan depositary receipts in the security market of the Republic of Kazakhstan in the part which is not settled by these rules is performed according to the procedure, established by the legislation of the Republic of Kazakhstan for issued securities.

8. In case of suspension of registration of transactions with underlying asset registration of transactions with the Kazakhstan depositary receipts stops. In case of renewal of registration of transactions with underlying asset registration of transactions with the Kazakhstan depositary receipts is resumed.

9. Repayment of the Kazakhstan depositary receipts is made according to the procedure, provided by the prospectus of their release.

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