It is registered
Ministry of Justice
Republic of Tajikistan
On November 24, 2014 No. 774
of November 12, 2014 No. 137
About approval of the Procedure for maintaining the register of security holders
According to part 7 of article 42 of the Law of the Republic of Tajikistan "About the security market" and Item 11 of the Regulations on the Ministry of Finance of the Republic of Tajikistan, No. approved by the Order of the Government of the Republic of Tajikistan of December 28, 2006 588,
1. Approve the Procedure for maintaining the register of security holders it (is applied).
2. To perform maintaining the register of security holders taking into account requirements of this procedure.
3. To provide this procedure for implementation of state registration to the Ministry of Justice of the Republic of Tajikistan.
4. This Order becomes effective after acceptance on accounting, state registration and official publication.
5. Orders of the Minister of Finance of the Republic of Tajikistan of October 30, 2012 to consider No. 73 invalid
6. Control of execution of this Order to assign to the Deputy Minister of Finance - Dzhonmamadov M. H. and Agency on market development of securities and specialized registrar of the Ministry of Finance of the Republic of Tajikistan.
Approved by the Order of the Minister of Finance of the Republic of Tajikistan of November 12, 2014, No. 137
1. The procedure for maintaining the register of security holders (further - the Procedure) is developed according to part 7 of article 42 of the Law of the Republic of Tajikistan "About the security market" and establishes procedure for maintaining and requirements imposed to system of maintaining the register of holders of personalized securities obligatory for execution by registry holders and issuers.
4. The professional participant of the security market or the responsible person of joint-stock company performing activities for maintaining and storage of the register of owners of securities can be the holder of the register;
6. The issuer shall charge maintaining the register on all the issued securities to one registry holder.
7. The issuer who signed the contract with registry holder is not exempted from liability for maintaining system of maintaining the register.
8. Requirements of this Procedure are obligatory for the issuer performing according to the legislation of the Republic of Tajikistan maintaining the register independently.
9. For the purposes of this Procedure the following terms and determinations are used.
a) the agency - Agency on market development of securities and specialized registrar of the Ministry of Finance of the Republic of Tajikistan.
b) the register - data set, fixed on paper and (or) with use of the electronic database which provides identification of registered persons, the certificate of the rights to the securities considered on personal accounts of registered persons and also allows to receive and send information to registered persons.
c) the registered person - physical person or legal entity, information on which is entered in the register.
d) types of registered persons:
- the owner - person to whom securities belong on the property right or other corporeal right;
- the nominee holder - the professional participant of the security market who is security holder on its own behalf, but for the benefit of other person, is not the owner of these securities;
- the trustee - the legal entity exercising trust management of the securities transferred to it to ownership for certain term and belonging to other person for the benefit of this person or the third parties specified by this person;
- the pawnbroker - the creditor according to the obligation provided with pledge addressed to which pledge of securities is drawn up.
- registry holder - the professional participant of the security market who is performing activities for maintaining the register of owners of personalized securities as exclusive based on the contract with the issuer and having the license for implementation of this type of activity, the responsible person of the issuer or the issuer performing independently maintaining the register of owners of personalized securities.
- transfer agent - the legal entity performing under the contract with registry holder functions on acceptance from registered persons or their authorized representatives and transfer to registry holder of information and the documents necessary for execution of transactions in the register, and also function on acceptance from registry holder and transfer to registered persons or their authorized representatives of information and the documents received from registry holder.
e) authorized representative:
- officials of the legal entity who according to constituent documents have the right to act on behalf of this legal entity without power of attorney; - persons authorized by the registered person to make actions with securities from his name based on the power of attorney;
- legal representatives of the registered person (parents, adoptive parents, guardians, custodians);
- officials of authorized state bodies (the staff of judicial, law enforcement agencies, Tax Service, and also other authorized state bodies) who according to the existing regulatory legal acts of the Republic of Tajikistan have the right to demand from registry holder of execution of certain transactions in the register.
e) transaction - set of actions of registry holder of which change of information containing on personal account and (or) preparation and provision of information from the register is result.
ё) the register - set of the records performed in chronological procedure, about transactions of registry holder (except for the transactions provided by subitems 29, of 33, of 35, 41 and 42 presents of the Procedure).
g) the order - the document provided to registry holder and containing the requirement about entering of record into the register and (or) provision of information from the register.
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