RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2016 No. 10

About approval of Rules of implementation of activities of the central partner

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 central partner.

2. To department of methodology of control and supervision (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.

3. 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.

4. To impose control of execution of this resolution on the vice-chairman of National Bank Smolyakov O. A.

5. 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 January 28, 2016 No. 10

Rules of implementation of activities of the central partner

1. General provisions

1. These rules of implementation of activities of the central partner (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 conditions and procedure of activities of the central partner in the Republic of Kazakhstan.

In part which is not settled by regulatory legal acts of the Republic of Kazakhstan activities of the central partner are performed according to the internal documents of the central partner concluded between the central partner and his clients agreements of servicing if they does not contradict the legislation of the Republic of Kazakhstan.

2. The central partner does not involve other persons for implementation of functions, the rights and execution of the obligations as central partner.

3. The organizational structure of the central partner includes divisions which functions are:

1) ensuring creation and functioning of risk management system;

2) management of special guarantee and reserve funds of the central partner;

3) implementation of clearing activities for transactions with financial instruments;

4) processing and distribution of information;

5) software and hardware of activities of the central partner;

6) monitoring of financial condition of clearing bidders, and also their compliance to internal documents of the central partner;

7) internal audit and control;

8) the organization of calculations (payments) for transactions with financial instruments (in case of absence at the central partner of the contract with the settlement organization provided by part two of item 4 of Rules).

2. Conditions of implementation of activities by the central partner

4. The central partner makes collection, processing and storage of information on transactions on which the central partner performs servicing, its reconciliation, adjustment in the presence of discrepancies, change (details) of the parties of the transaction or making of other actions in case of settlement of default according to the transaction on conditions and according to the procedure, determined by Rules and internal documents of the central partner.

For implementation of activities of the central partner for transactions with financial instruments the central partner signs the contract with the settlement organization, the organizer of the biddings, the clearing organization which conditions provide procedure for exchange of information between agreement parties and making of the approved procedures in implementation process by agreement parties of the rights and obligations.

5. The central partner performs procedures for settlement of default of the clearing bidder by submission of requests and the conclusion of transactions with financial instruments in trade system of stock exchange on behalf of this clearing bidder (for the purpose of involuntary liquidation of its open line items) and (or) making of other actions according to the procedure and on the conditions determined by internal documents of the central partner.

6. The central partner performs storage of information and the documents connected with activities of the central partner and daily backup of such information and documents.

Backup copies are subject to protection against unauthorized information access and are stored in the reserve technical center of the central partner before their replacement with updated backup copies.

7. The central partner provides permanent readiness of the reserve technical center for immediate activization. The reserve technical center conforms to the following requirements:

1) contains backup copies of information connected with activities of the central partner, identical to the main information;

2) contains the copy of the software and hardware of the central partner used in the course of implementation of activities of the central partner for transactions with financial instruments;

3) is located at least in twenty five kilometers from the location of the central partner;

4) it is provided with the communications necessary for implementation of activities of the central partner.

8. Use by the central partner of the reserve center of the clearing organization, central depositary or stock exchange is allowed.

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