of January 28, 2016 No. 13
About approval of Rules of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, forming and works of expert stock exchange committee, and also its quantitative structure
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 recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, forming and work of expert stock exchange committee, and also its quantitative structure (further - Rules).
2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of April 23, 2014 No. 70 "About approval of Rules of recognition of the bargains concluded in the organized and unorganized security markets as made for the purpose of manipulation, forming and works of expert stock exchange committee, and also its quantitative structure" (registered in the Register of state registration of regulatory legal acts at No. 9488, published on July 4, 2014 in information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan").
3. To department of methodology of control and supervision (to Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:
1) together with Legal support department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;
2) the direction of this resolution in the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan":
on official publication in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;
for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of its obtaining by National Bank of the Republic of Kazakhstan after state registration in the Ministry of Justice of the Republic of Kazakhstan;
3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.
4. To department of the international relations and public relations (Kazybayev A. K.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.
5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.
6. This resolution becomes effective since October 1, 2016 and is subject to official publication.
Chairman of National Bank
D. Akishev
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 13
1. These rules of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, forming and work of expert stock exchange committee, and also its quantitative structure (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" (further - the Law on the security market) and establish procedure and conditions of recognition of the security transactions and other financial instruments concluded in the organized and unorganized security markets as made for the purpose of manipulation, and also procedure for forming and work of the expert stock exchange committee created for the purpose of consideration of questions of recognition of security transactions and other financial instruments made for the purpose of manipulation (further - expert committee) and also its quantitative structure.
The bargains concluded with securities and (or) financial instruments from sectors of "share", "debt securities", "bank deposit certificates", "other sectors which creation and functioning are performed according to internal documents of stock exchange" on the Main platform and from sectors "Islamic securities", "securities of investment funds", "derivative securities", "securities of international financial institutions", other sectors which creation and functioning are performed according to internal documents of stock exchange on the Mixed platform, and also on other platforms which creation and functioning are performed according to internal documents of stock exchange are subject to monitoring and the analysis regarding identification of the security transactions and other financial instruments made for the purpose of manipulation.
2. The security transaction made at the price, significantly different from the prices of these securities which developed in the organized market of securities to the conclusion of such transaction the transaction is recognized if:
1) in case of the conclusion of the transaction with shares in the organized market of securities the variation of the price of this transaction with shares from the weighted market price of these shares calculated according to item 4 of Rules constitutes 30 (thirty) and more percent;
The variation of profitability of these securities to repayment according to the price of this transaction from the weighted market average yield of these securities to repayment calculated according to Item 5 of Rules constitutes 2) in case of the conclusion of the transaction with bonds in the organized market of securities 5 (five) and more than percent point.
3. The following transactions of purchase and sale of securities which execution did not lead to essential change of quantity of such securities which are at the parties of these transactions are not committed for the purpose of manipulation:
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The document ceased to be valid since January 1, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of December 28, 2018 No. 319