Unofficial translation
In accordance with the Law of the Republic of Kazakhstan "On the Securities Market", the Board of the National Bank of the Republic of Kazakhstan HEREBY RESOLVES:
Footnote. The preamble is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).1. The attached Rules for the implementation of the Central Securities Depository activities (hereinafter referred to as the Rules) shall be approved.
2. The regulatory legal acts of the Republic of Kazakhstan, as well as the structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list in line with the appendix to this resolution shall be declared to be no longer in force.
3. The Department for the Regulation of Non-Bank Financial Organizations (A. M. Kosherbayev), in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall:
1) jointly with the Legal Department (Sarsenova N.V.) ensure the state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this resolution, send its copies in both Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" for official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this resolution on the Internet resource of the National Bank of the Republic of Kazakhstan after its official publication;
4) within ten working days after the state registration of this resolution, submit to the Legal Department information on the implementation of measures provided for in subparagraphs 2), 3) of this paragraph and paragraph 4 of this resolution.
4. The Directorate for the Protection of the Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) shall, within ten calendar days after the state registration of this resolution, send its copy for the official publication in periodicals.
5. The control over the execution of this resolution shall be imposed on the Deputy Chairman of theNational Bank of the Republic of Kazakhstan Zh. B. Kurmanov.
6. This resolution shall enter into force from the date of its state registration, with the exception of sub-paragraph 8) paragraph 2, sub-paragraph 3) of paragraph 8, paragraph 12 and parts two, three, four and five of paragraph 43 of the Rules, that shall be effective from January 1, 2019, and is subject to official publication.
| Chairman of the National Bank | D. Akishev |
| Approved by the Board Resolution of the National Bank of the Republic of Kazakhstan No. 307 of November 29, 2018, |
Rules for the implementation of activities of the central securities depository
Chapter 1. General Provisions
1. These Rules for the implementation of activities of the central depository (hereinafter - the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan “On the Securities Market” (hereinafter - the Law on the Securities Market) and shall establish the conditions and procedure for the implementation of activities of the central depository.
Footnote. Paragraph 1 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. For the purposes of the Rules, the following concepts are used:
1) the depositor is a client of the central securities depository who performs the functions specified in paragraph 1 of Article 59 of the Securities Market Law;
2) the client of the depositor is a natural or legal person who uses the services of the depositor in accordance with the agreement on the provision of services of nominal holding concluded with him/her/it;
3) a settlement organization is an organization that carries out the transfer and accounting of money in national and foreign currency on behalf of the central securities depository;
4) accounting organization is a custodian bank, international and foreign depositories, in which personal accounts are opened in the name of the central securities depository to account for financial instruments;
5) subaccount is a subaccount opened within a personal account, intended for accounting of financial instruments owned by the depositor (depositor’s client) or organizations engaged in dealer activities in the securities market based on the license of the authorized body or in compliance with the legislative acts of the Republic of Kazakhstan;
6) reserve center is an organization that stores electronic data which make up the central securities depository accounting system;
7) an authorized body - the authorized body for regulation, control and supervision of the financial market and financial organizations;
8) International Securities Identification Number (ISIN code) is an alphanumeric code assigned by the central securities depository to securities and other financial instruments in order to identify them and organize the accounting.
Footnote. Paragraph 2 as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31.12.2019 No. 262 (shall be enforced from 01.01.2020).3. The central securities depository shall perform daily backup and storage of electronic data that make up the central securities depository accounting system.
Backups shall be protected from unauthorized access to information and stored until they are replaced with updated backups.
Backup copies shall be stored on external data carriers in the backup center or in an organization that has a license from an authorized body to carry out safe operations.
Within 10 (ten) calendar days from the date of conclusion (termination) of the agreement for storing backup copies, the central securities depository shall inform the authorized body of this, specifying the name of the organization with which the agreement is concluded (terminated), as well as the date and number of the agreement.
4. The central securities depository shall exercise internal control in accordance with its internal documents, approved by its governing body, determining:
1) the object of internal control;
2) requirements for employees of the central securities depository exercising internal control;
3) internal control procedures carried out by officials and employees of the central securities depository, the timing and procedure for their implementation;
4) the procedure and terms for informing the employees of the central securities depository, exercising internal control, of the central securities depository bodies about the results of internal control.
5. The central securities depository management body shall ensure the creation of an internal audit service and conditions for the internal audit service to fulfill its obligations in the field of internal audit.
Regarding the activities of the internal audit service, the internal documents of the central securities depository, approved by its management body, shall determine:
the composition of the internal audit service, its functions, duties and powers;
requirements for employees conducting an internal audit;
object of internal audit;
the scale and frequency of audits by the internal audit service;
requirements for the preparation of a plan for internal audit;
deadlines and forms for submission by the internal audit service of audit reports to the central securities depository management body.
Employees of the central securities depository who exercise internal control and / or internal audit shall not carry out activities that are subject to internal control and / or internal audit.
The operating day of the central securities depository shall be equal to at least seven hours of working time during the day.
6. The central securities depository shall notify its customers and the stock exchange about all amendments and additions to the set of rules, as well as about changes in the size and order of payment for the services provided no later than fifteen (15) calendar days before the date of their entry into force.
6-1. The list of shareholders for the payment of money based on the results of the operation, implemented in accordance with Article 25-1 of the Law of the Republic of Kazakhstan dated May 13, 2003 “On Joint Stock Companies” (hereinafter - the Law on Joint Stock Companies), shall be compiled in accordance with the set of rules of the central depository.
The information specified in part one of this paragraph shall be submitted by the central depository to the joint-stock company (hereinafter - the company) to which the person specified in paragraph 1 of Article 25-1 of the Law on Joint-Stock Companies (hereinafter - the major shareholder) has applied, prior to the transaction for the sale by shareholders of their shares of the company at the request of a major shareholder in accordance with Article 25-1 of the Law on Joint Stock Companies.
Footnote. The rules have been supplemented with paragraph 6-1 in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 26.07.2019 No. 125 (shall be enforced from 01.07.2019).Chapter 2. Depository activities of the central securities depository
7. The central securities depository in the process of depository activities shall:
1) provide depositors with services of nominal holding of financial instruments;
2) perform settlements in financial instruments on transactions concluded in the organized securities market, and on transactions concluded in the unorganized securities market with the participation of its depositors, as well as other clients;
3) provide depository services for government issued securities;
4) provide other types of services in accordance with the legislation of the Republic of Kazakhstan on the securities market.
7-1. The provision of services for the purchase or sale of non-cash foreign currency to the client shall be carried out by the central depository in the manner prescribed by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 30, 2019 No. 40 “On approval of the Rules for carrying out currency transactions in the Republic of Kazakhstan”, registered in the Register of state registration of regulatory legal acts No. 18512, a contract of bank account and set of rules of the central depository.
The Central depository, recognized as an authorized bank performing the functions of a currency control agent, shall send reports on currency transactions carried out in accordance with resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 10, 2019 No. 64 “On approval of the Rules for monitoring currency transactions in the Republic of Kazakhstan”, registered in the Register of state registration of regulatory legal acts under No. 18544.
Footnote. The rules have been supplemented by paragraph 7-1 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).7-2. The provision of services for the storage of financial instruments issued in documentary form by the central depository shall be carried out in the manner prescribed by the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999, the Law of the Republic of Kazakhstan dated August 31, 1995 “On Banks and Banking Activities in the Republic of Kazakhstan " and the set of rules of the central depository.
Footnote. The rules have been supplemented by paragraph 7-2 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).8. The organizational structure of the central securities depository shall include separate divisions that carry out:
1) depository activities;
2) money transfers when registering transactions with financial instruments, when paying out income on financial instruments and at their redemption, as well as opening and maintaining current accounts for accounting and storage of money of depositors and their clients;
3) maintaining the registry system of holders of securities and the register of participants in a limited liability partnership;
4) clearing activities on transactions with financial instruments;
5) risk management;
6) internal audit.
The requirement to have a subdivision specified in subparagraph 4) of the first part of this paragraph shall apply to the central securities depository when it carries out clearing activities for transactions in financial instruments.
The employees of the divisions specified in the first part of this paragraph shall not combine the functions and duties of employees of other divisions, with the exception of the division engaged in clearing operations with financial instruments.
9. In order to make investment decisions on the implementation of transactions with financial instruments at the expense of own assets, the central securities depository shall establish an investment committee of at least 3 (three) people.
10. The investment committee shall include:
1) members of the executive body of the central securities depository;
2) the head of the central securities depository unit responsible for risk management.
The members of the investment committee shall be elected by the executive body of the central securities depository.
11. The central securities depository shall not participate in the creation and activities of legal entities, with the exception of:
1) organizations providing information and analytical services;
2) organizations engaged in technical support of the activities of the central securities depository;
3) clearing or settlement organizations.
12. The Central Depository shall maintain a system of registers of securities holders in accordance with the procedure for maintaining a system of registers of securities holders, approved by the regulatory legal act of the authorized body in accordance with paragraph 5 of Article 80 of the Law on the Securities Market.
Footnote. Paragraph 12 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).12-1. As part of its activities on organization of trading in securities and other financial instruments, the central depository shall carry out the following functions:
1) operation and maintenance of an integrated information system of the over-the-counter securities market;
2) providing its clients with access to an integrated information system of the over-the-counter securities market;
3) organizing the exchange of quotes for securities and other financial instruments between clients of the central depository for concluding transactions with securities and other financial instruments on the unorganized securities market;
4) organizing the exchange of messages about concluding transactions in securities and other financial instruments between clients of the central depository;
5) other functions provided for by the Law on the Securities Market.
The procedure for carrying out activities by the central depository on the organization of trading in securities and other financial instruments shall be established by the set of rules of the central depository.
Footnote. The rules have been supplemented with paragraph 12-1 in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 26.07.2019 No. 125 (shall be enforced from 01.07.2019).12-2. The Central depository, in accordance with subparagraph 1) of paragraph 2 of Article 102 of the Law on the Securities Market, shall ensure posting on the Internet resource of the depository of financial statements of the following information about the corporate events of the issuer:
1) change in the composition of shareholders owning ten or more percent of the issuer’s voting shares - within 2 (two) working days from the date of registration by the central depository of changes in the system of registers of securities holders and (or) the system of accounting for nominal holding;
2) conversion of securities and (or) other monetary obligations of the joint-stock company into common shares of the joint-stock company - within 2 (two) working days from the date of registration by the central depository of the operation to make entries on the conversion of securities of the joint-stock company into its common shares;
3) exchange of placed shares of a joint-stock company of one type for shares of a given joint-stock company of another type - within 2 (two) working days from the date of registration by the central depository of the operation to make entries on the exchange of placed shares of a joint-stock company of one type for shares of a given joint-stock company of another type;
4) splitting of shares - within 2 (two) working days from the date of registration by the central depository of the operation to split the placed shares of the joint-stock company.
The content of corporate information disclosed by the central depository on the Internet resource of the depository of financial statements shall be determined by the set of rules of the central depository.
In order to provide the information specified in subparagraph 1) of part one of this paragraph, the central depository shall accept as voting shares:
1) shares accounted for on personal accounts of holders opened in the system of registers of securities holders;
2) shares accounted for in the subaccounts listed in subparagraphs 1), 4), 5) and 6) of paragraph 18 of the Rules.
Footnote. The rules have been supplemented with paragraph 12-2 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced from 01.01.2023).12-3. The Central Depository shall submit to the authorized body a notification about the results of the redemption of bonds within 1 (one) month after the end of the redemption period established by the bonds issue prospectus (private memorandum).
The notification of the central depositary contains information about the issuer’s fulfillment of its obligations to repay bonds, indicating:
1) information about the bonds (ISIN, name of the issuer);
2) maturity dates of bonds;
3) nominal value of bonds;
4) information on the number of bonds purchased by the issuer as of the bond redemption date;
5) information on the number of bonds in circulation on the date of their redemption;
6) the total amount of interest paid for the last coupon period on the bonds and the amount of repayment of nominal value.
If the issuer has not fulfilled its obligations to repay bonds and these securities have been replaced with rights of claim under the issuer's obligations under issue-grade securities, the information specified in part two of this paragraph shall not be provided.
Footnote. The rules have been supplemented by paragraph 12-3 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).13. The central securities depository shall provide services to clients, clearing organizations, and (or) the central counterparty of an organized and (or) unorganized securities market on the conditions and in the manner established by the Rules and the set of rules of the central securities depository.
14. In order to register transactions, maintain records and confirm rights to equity securities and financial instruments of its clients, the central depository shall open personal accounts (sub-accounts) and keep records of transactions on personal accounts (sub-accounts) indicating the dates, time and grounds for their conduct.
Footnote. Paragraph 14 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02.2021 No. 37 (shall be enforced from 01.07.2021).14-1. It is allowed to use the services of an identification data exchange center (hereinafter - the Identification Data Exchange Center (IDEC) when identifying a client who is an individual using biometric identification tools.
It is allowed to use the services of a credit bureau with state participation when identifying a client who is an individual or a legal entity.
The interaction of the central depository with the IDEC or a credit bureau with state participation shall be carried out on the basis of an agreement concluded between them, which contains the following conditions, but is not limited to:
1) the procedure and terms for providing and receiving services;
2) security procedures;
3) the amount of the commission charged, the procedure for its collection;
4) responsibility of the parties, including with regard to compliance with the confidentiality regime, maintaining trade secrets on the securities market and protecting personal data of clients;
5) rights and obligations of the parties;
6) the procedure for storing the obtained identification results and (or) information;
7) the procedure for filing claims and methods for resolving disputes.
Footnote. The rules have been supplemented by paragraph 14-1 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 21.09.2020 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).14-2. In the case provided for in part one of paragraph 14-1 of the Rules, on the basis of the client’s consent for collection, process, storage and provision, if necessary, to third parties his/her personal data obtained through an identification tool, the central depository shall conduct a video conference session with the client using the client’s device and (or) devices of the central depository. The content of the videoconferencing session (list of check questions), as well as the list and scope of services provided by the central depository for remote identification of clients, ashall be established by the central depository independently.
The Central depository transmits to the IDEC the individual or business identification number of the client and the video image of the client received during the video conferencing session.
The IDEC, through software, shall determine the degree of compliance with biometric indicators in accordance with its internal procedures.
Video recordings of customer requests (recordings of a videoconference session) shall be stored by the central depository for 5 (five) years from the date of closure of the client’s personal account (sub-account) in the central depository’s accounting system.
The results of the degree of compliance according to the biometric indicators of photographic images and the client’s identification data obtained by the IDEC from available sources shall be transferred to the central depository.
Footnote. The rules have been supplemented by paragraph 14-2 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 21.09.2020 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).15. Accounting of financial instruments of customers of the central securities depository shall be carried out separately from financial instruments owned by the central securities depository itself, in off-balance sheet accounts.
16. In the accounting system of nominal holding, the central depository shall open personal accounts for the following legal entities:
1) having a license from the authorized body to carry out custodial activities in the securities market;
2) having a license from the authorized body to carry out brokerage activities in the securities market;
3) the National Bank of the Republic of Kazakhstan;
4) having a license from the authorized body to carry out dealer activities in the securities market;
5) carrying out dealer activities without a license in accordance with the laws of the Republic of Kazakhstan;
6) foreign depositories, custodians and clearing organizations;
7) foreign organizations that have the right to perform functions similar to the functions established by paragraph 1 of Article 59 of the Law on the Securities Market;
8) a single operator in the field of accounting of state property, determined in accordance with the legislation of the Republic of Kazakhstan on state property;
9) an organization, carrying out registration of transactions with securities on the territory of the International financial center “Astana”;
10) organizations registered on the territory of the International financial center “Astana” and having the right (license) to perform functions similar to the functions established by paragraph 1 of Article 59 of the Law on the Securities Market;
11) clearing organizations.
In the accounting system of nominal holding, the central depository shall open only one personal account of the nominal holder to the above mentioned legal entities.
Opening of a personal account of a nominal holder shall be carried out after the central depository has taken measures to properly verify the client, provided for by the Law of the Republic of Kazakhstan “On Combating the Legalization (Laundering) of Proceeds from Crime and Financing of Terrorism” (hereinafter - the Law on Combating Money Laundering). – is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Footnote. Paragraph 16 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26. 06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).17. Only one sub-account, intended for accounting of financial instruments belonging to this legal entity shall be opened on the personal account of a legal entity, specified in subparagraphs 4) and 5) and 11) of paragraph 16 of the Rules.
Footnote. Paragraph 17 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).18. To ensure separate accounting of financial instruments of depositors and their clients, the following sub-accounts shall be opened on the depositor’s personal account in the manner prescribed by the set of rules of the central depository:
1) sub-account of the depositor, intended for accounting of financial instruments owned by the depositor;
2) the depositor’s sub-account for accounting of purchased own securities, intended for accounting of financial instruments purchased by the depositor on the secondary securities market;
3) the depositor's sub-account for accounting of declared securities, intended for accounting of unplaced financial instruments of this depositor;
4) a sub-account of the depositor, intended for aggregated accounting of financial instruments belonging to its clients.
At the request of the depositor, several sub-accounts of the depositor shall be opened for him/her, intended for aggregated accounting of financial instruments belonging to its clients.
The procedure for using the depositor's subaccounts intended for aggregated accounting of financial instruments belonging to its clients shall be determined by the set of rules of the central depository;
5) sub-account of the depositor's client, opened using the unique code of the depositor's client, assigned by the central depository in accordance with paragraphs 37-1 and 37-2 of the Rules, and intended for accounting of financial instruments owned by this depositor's client;
6) sub-account of a client who is a nominal holder, intended for accounting of financial instruments transferred to him/her for nominal holding.
A sub-account of a client who is a nominee holder shall be opened to:
a foreign depositary, a foreign custodian or a foreign organization that has the right to perform functions similar to the functions established by paragraph 1 of Article 59 of the Law on Securities Market on their personal account for accounting of financial instruments belonging to their clients;
a foreign organization that has the right to perform functions similar to the functions established by paragraph 1 of Article 59 of the Law on Securities Market, which is a client of the depositor;
to a nominal holder - a resident of the Republic of Kazakhstan, who is a client of the custodian, for accounting of financial instruments issued in accordance with the legislation of foreign states;
an organization, carrying out registration of transactions with securities on the territory of the International financial center “Astana” for accounting of financial instruments listed on the stock exchange operating on the territory of the International financial center “Astana”;
an organization registered on the territory of the International financial center “Astana” and having the right (license) to perform functions similar to the functions established by paragraph 1 of Article 59 of the Law on Securities Market;
7) the issuer's sub-account for accounting of purchased securities, intended for accounting of financial instruments purchased by the issuer on the secondary securities market;
8) the issuer's sub-account for accounting of declared securities, intended for accounting of unplaced financial instruments of this issuer.
For depositors or clients of depositors who are participants in the interbank payment card system, for the purpose of separate accounting of financial instruments that are collateral under the interbank payment card system, separate sub-accounts specified in subparagraphs 1) and 5) of this paragraph shall be opened on the depositor’s personal account.
At the request of the National Bank of the Republic of Kazakhstan, several subaccounts of the depositor shall be opened for it, intended for accounting of financial instruments owned by the National Bank of the Republic of Kazakhstan.
Footnote. Paragraph 18 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26. 06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).18-1. Is excluded by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced 01.01.2022).
18-2 Is excluded by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced from 01.01.2022).
19. When a depositor of the central depository combines custodial activities with brokerage and (or) dealer activities with the right to maintain client accounts as a nominal holder:
1) sub-accounts specified in subparagraphs 4), 5), 6), 7) and 8) of paragraph 18 of the Rules shall be opened on the basis of an order to open a sub-account submitted by the depositor in accordance with the agreement on provision of brokerage services with the provision of nominal holding services;
2) sub-accounts specified in subparagraphs 5) and 6) of paragraph 18 of the Rules shall be opened on the basis of an order to open a sub-account submitted by the depositor in accordance with the custodial service agreement:
residents of the Republic of Kazakhstan for accounting of financial instruments belonging to them, transferred for custodial servicing;
nominal holders - residents of the Republic of Kazakhstan for accounting of financial instruments issued in accordance with the legislation of foreign states;
nominal holders - non-residents of the Republic of Kazakhstan.
Footnote. Paragraph 19 is in the wording of resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced from January 1, 2022).20. The procedure for opening and maintaining personal accounts (sub-accounts) of clients of the central depository (clients of depositors) in the nominal accounting system shall be established by Articles 36, 57, 58, 59, 60, 61, 78, 80, 81 and 82 of the Law on Securities Market, Rules for registration of transactions with equity securities, assignment of rights of claim under the obligations of issuers on equity securities in the central depository accounting system, provision of an extract from the personal account of a registered person in the central depository accounting system and (or) in the nominal holding accounting system and provision of information by the nominal holder about clients whose securities are in its nominal holding, at the request of the central depository and the issuer, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated October 22, 2014 No. 210, registered in the Register of state registration of regulatory legal Acts under No. 9876 (hereinafter – the Rules No. 210), Rules and code of practice of the central securities depository.
Footnote. Paragraph 20 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).20-1. The Central depository, in the manner determined by the IDEC, a credit bureau with state participation or operators from state databases, shall carry out within the time limits determined by the internal rules of the central depository, reconciliation of data on its clients contained in the accounting system of the central depository with information on such clients received by the central depository from the above mentioned sources.
If, as a result of this reconciliation, a discrepancies in client data are detected, the central depository, in the manner prescribed by its internal documents, shall determine the availability of client data to be updated and make appropriate changes to its accounting system, after which it sends a notification to such client if its data is updated based on information obtained using the services of the IDEC, or a credit bureau with state participation, or directly from state databases, in the manner, terms and manner established by the set of rules of the central depository.
Footnote. The rules have been supplemented by paragraph 20-1 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 21.09.2020 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).20-2. Is excluded by the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
21. Operations on registration of transactions with financial instruments and information operations shall be carried out by the central securities depository on the basis of:
1) relevant orders of depositors;
2) orders of the organizer of the auction;
3) orders of the clearing organization and (or) central counterparty;
4) the client’s order of the depositor who has entered into an agreement with the central securities depository in the manner established by the central securities depository rules.
When the depositor’s clients contact the central securities depository in the manner and on the conditions provided for by its rulebook, the central securities depository shall perform information operations on the basis of orders of the depositor’s clients.
21-1. Registration of a transaction with equity securities in the central depository accounting system includes:
1) checking the powers of the person who gave the order to register a transaction with securities, and the compliance of the form of this order with the established requirements;
2) registration of an order to register a transaction with securities;
3) carrying out the actions specified in the order for registration of a transaction with securities, in the absence of grounds for refusal to execute it;
4) sending a report to the client on the execution of his/her order to register a transaction with securities.
In the absence of grounds for refusal to execute an order to register a transaction with securities specified in paragraph 22 of the Rules, the execution of an order to register a transaction with securities shall be carried out by the central depository within a period of no more than two working days after the date of receipt of the counter order, if the Rules and (or ) the set of rules of the central depository does not provide for a different deadline for the execution of the order.
Footnote. The rules have been supplemented by paragraph 21-1 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).22. The Central depository, within 3 (three) calendar days from the date of receipt of the order, shall issue a written refusal indicating the reasons for its non-execution in the following cases:
1) suspension or deprivation (revocation) of a license and (or) appendix to the license of a client of the central depository to carry out professional activities in the securities market (except for operations on transfer of financial instruments into nominal holding to other depositors or withdrawal of financial instruments from nominal holding of the central depository and information operations);
2) suspension or termination of the circulation of securities by the authorized body or government bodies authorized to suspend or terminate the circulation of securities (except for information operations);
3) suspension or termination of the circulation of securities in accordance with the terms of the issue of securities (except for information operations, operations necessary when changing the nominal holder, or conducted when redeeming such securities, as well as operations for writing off securities from sub-accounts opened to voluntary savings account pension funds, and transfer to a sub-account opened to a unified pension savings fund);
4) non-compliance of the order with the form established by the set of rules of the central depository;
5) absence of the order details that are required to be filled out, as well as the presence of corrections or erasures;
6) discrepancies between samples of signatures on orders and samples certified by a notary;
7) securities and (or) personal account (sub-account) specified in the order are blocked, except for the cases specified in Article 65 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”;
8) encumbrances of financial instruments specified in the order, with the exception of transactions for writing off (crediting) financial instruments from (to) personal accounts (account) (subaccounts (subaccount) of registered persons during the reorganization of banks in the form of merger, in relation to one of which restructuring was carried out in accordance with the Law of the Republic of Kazakhstan “On Banks and Banking Activities in the Republic of Kazakhstan”;
9) lack of the required number of financial instruments and (or) money in the accounts (sub-accounts) of clients of the central depository;
10) absence of a counter order, if the need for its provision is established by the legislation of the Republic of Kazakhstan on the securities market;
11) receipt of notification of failure by the accounting organization to comply with the order of the central depository to enter (withdraw) financial instruments into (from) nominal holding;
12) non-compliance of the transaction with the legislation of the Republic of Kazakhstan on the securities market;
13) in cases established by the set of rules of the central depository.
The written refusal shall be sent by mail and (or) courier, and (or) e-mail, and (or) facsimile or by means of communication provided for by the set of rules of the central depository.
Footnote. Paragraph 22 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10. 2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).23. The central securities depository shall provide the necessary conditions for the preservation of financial instruments issued in documentary form, and records of client rights on them, including the use of systems for duplicating such information and a secure system for keeping records.
24. The dematerialization of financial instruments issued in documentary form shall be carried out by the central securities depository by registering and certifying the rights for the specified financial instruments in its system of accounting for nominal holding on personal accounts (subaccounts) of clients of the central securities depository. Confirmation of clients' rights on financial instruments shall be carried out by the central securities depository by issuing an extract statement from the personal account (subaccount) in the accounting system of the central securities depository.
25. The central securities depository shall store dematerialized financial instruments in the manner established by the legislation of the Republic of Kazakhstan on the securities market.
26. In order to fulfill the functions of a paying agent in transactions with financial instruments held in nominal holding, as well as in the payment of income on securities and upon their redemption, the central securities depository shall simultaneously open personal accounts (sub-accounts) to customers in the accounting system of nominal holding and bank accounts.
27. Money from clients of the central depository, clients of depositors, as well as unclaimed money shall be accounted for in the central depository separately from its own funds.
The central depository keeps records of the depositor's money and its clients' money separately.
Footnote. Paragraph 27 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).28. The central securities depository shall receive information on a daily basis from brokers and (or) dealers concerning the amount of each customer’s money held in an account opened with the central securities depository and intended for transactions with equity securities and other financial instruments. Information submitted by brokers and (or) dealers on the amount of money of each client held in an account opened with the central securities depository and intended for making deals with equity securities and other financial instruments, should be stored by the central securities depository for 5 (five) years from the closing date of the client’s subaccount in the central securities depository accounting system.
28-1. The Central depository, in accordance with the procedure established by the set of rules of the central depository, shall carry out daily receipt and storage of the following electronic data from the nominal holder accounting system for the depositor's subaccount intended for aggregated accounting of financial instruments owned by the depositor's clients, about:
balances of financial instruments listed on this sub-account at the beginning and end of the reporting day;
transactions with financial instruments registered on the personal accounts of clients of the nominal holder and conducted on this sub-account during the reporting day.
The Central depository notifies the authorized body on the facts of non-submission or violation of the submission deadlines established by paragraph 16 of Rules No. 210 by the nominal holder of the information specified in part one of this paragraph, no later than one working day following the day of the violation.
Footnote. The rules have been supplemented by paragraph 28-1 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02.2021 No. 37 (shall be enforced from 01.07.2021); is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).29. Settlements for money in transactions with financial instruments shall be carried out by the central securities depository or the settlement organization on behalf of the central securities depository.
30. As part of performing the functions on nominal holding of securities, the central securities depository no later than the next business day after receiving from the depositor an application for the realization of the right of preferential purchase of its client, who is a foreign nominal holder, shall send this application to the issuer.
31. In order to provide services for nominal holding, the central securities depository shall open in its name:
1) personal accounts of nominal holding in custodian banks, international and foreign depositories for accounting of financial instruments, as well as an organization carrying out depository activities in accordance with the acts of the “Astana” International Financial Center;
2) bank accounts in custodian banks, international and foreign depositories to account for money received by the central securities depository when paying out income and (or) redeeming financial instruments held in nominal holding by the central securities depository, as well as for making transactions with financial instruments outside the Republic of Kazakhstan .
32. Government securities and rights shall be accounted for by the central securities depository. The conditions and procedure for the implementation by the central securities depository of depository servicing of government securities shall be determined by article 7 of the Law on the Securities Market and a set of rules of the central securities depository.
33. The central depository, in the manner established by the set of rules of the central depository, reports to clients and (or) holders of securities on the status of their personal accounts (sub-accounts), bank accounts and transactions carried out on these accounts, information about which is available in the central accounting system depository.
The deadlines for submitting statements from personal accounts (sub-accounts) and bank accounts of clients and (or) security holders shall be established by the set of rules of the central depository.
Footnote. Paragraph 33 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24. 02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).34. In accordance with the procedure established by the set of rules, the central securities depository shall assign identifiers to the rights of claim under the issuer's obligations for issue-grade securities, the circulation period of which has expired, for which these claims have arisen as a result of the issuer’s default on repayment, and send information to the authorized body about the identifier assigned to the rights of claim under the issuer's obligations with regard to issued securities, indicating the identification number of such issue-grade securities.
35. After conducting transactions on the personal account opened in the register of holders of securities to write off issued securities, the circulation period of which has expired, and to credit the rights of claim on the issuer's obligations on issued securities, the central securities depository shall conduct operations to write off such issued securities (with the exception of issuing securities, for which a blocking operation was carried out on the basis of acts of state bodies and a list of organizations and associated with the financing of terrorism and extremism, under Article 12 of the Money Laundering Law) to the sub-accounts of depositors and clients and transfer of rights of claim for the issuer's obligations on such issue-grade securities while maintaining commitments incurred on these securities (encumbrance, trust management), and send a notice to depositors, which contains information about:
a default made by the issuer to the issue-grade securities, the circulation period of which has expired and the issuer has not fulfilled the obligations to repay them;
an identifier assigned to the rights of claim for the obligations of the issuer for such issue-grade securities;
operations carried out in the central securities depository accounting system for the writing off of issue-grade securities, the circulation period of which has expired, from subaccounts of depositors and their clients and crediting rights of claim for the issuer's obligations on such issue-grade securities.
The central securities depository shall maintain a register of identifiers for the rights of claims on the issuer's obligations with regard to issue-grade securities, the circulation period of which has expired, in the manner established by the set of rules of the central securities depository.
36. On the day of receiving a copy of the resolution of the general meeting of shareholders of reorganized financial organizations, the central securities depository shall reflect transactions on the relevant personal accounts (sub-accounts) inside of the nominal holding accounting system and send reports on transactions registered in the nominal holding accounting system to depositors.
37. In the event of reorganization of financial organizations possessing licenses of the authorized body for the same licensed type (subtype) of activities and specified in subparagraphs 1) and (or) 2) of paragraph 16 of the Rules based on the received order of the financial institution, re-established as a result of the reorganization and for which the license of reorganized financial organizations was renewed, the central securities depository shall provide the following on the same day:
1) when merging financial organizations:
opening sub-accounts for clients of the financial organizations, reorganized as a result of demerger within the personal account of a financial organization;
write-off of securities (rights of claims on the issuer's obligations on issuing securities) from the clients' subaccounts opened within personal accounts of financial organizations, reorganized as a result of demerger and their subsequent crediting to subaccounts of these clients opened within a personal account of a financial institution created as a result of demerger;
closing sub-accounts of clients opened within the personal accounts of reorganized financial organizations;
2) when one financial organization merges with another financial organization:
opening sub-accounts for clients of the consolidated financial organization within the personal account of the financial organization with which the another one was consolidated, with the exception of clients who have already opened sub-accounts within the personal account of the financial organization to which the consolidation is being carried out;
write-off of securities (rights of claims on the issuer's liabilities on issuing securities) from the clients' subaccounts opened within the personal account of the financial institution being merged, and their subsequent crediting to the subaccounts of these customers opened within the personal account of the financial institution to which the merger is being made;
closing sub-accounts of clients opened within the personal account of the consolidated financial institution.
When a financial organization, having a license of the authorized body specified in subparagraphs 1) and (or) 2) of paragraph 16 of the Rules, is reorganized through demerger, the central securities depository, on the basis of and on the day of receipt of the order of the financial organization newly formed as a result of demerger and for which the license of the reorganized financial organization was re –issued, shall provide:
opening of sub-accounts to clients of the financial organization reorganized as a result of demerger within the personal account of the financial organization, formed as a result of separation for which the license of the authorized body was renewed;
write-off of securities (rights of claims on the issuer's obligations on issuing securities) from subaccounts of customers, opened within the personal account of a financial institution reorganized as a result of demerger, and their subsequent transfer to the subaccounts of these customers, opened as part of the personal account of the financial organization, formed as a result of demerger for which the license of the authorized body was renewed;
closing sub-accounts of clients opened within the personal account of a financial institution reorganized in the form of a demerger.
When a financial organization is reorganized in the form of a split-off, the securities (rights of claim on the issuer's liabilities on issuing securities) continue to be recorded in the subaccounts of the clients of the financial institution from which the split-off was carried out.
When financial organizations are reorganized through merger and if the client has two or more sub-accounts of these financial organizations, the central securities depository shall open one sub-account to this client within the personal account of the newly emerged financial institution. The data of the subaccount, the changes on which were submitted to the central securities depository by the client of the reorganized financial organizations, shall be accepted as the details of the sub-account. When financial organizations are reorganized in the form of a merger, if the client of the merging organization has a subaccount with the financial organization to which the merger is taking place, the central securities depository shall credit the securities (rights of claim on the issuer's obligations on the issued securities) to the specified subaccount.
Operations on the write-off (crediting) of securities from (to) subaccounts of clients of the financial organizations under reorganization indicated in the first and second parts of this paragraph shall be carried out by the central securities depository only if the registration of these operations does not entail a change of owners of the securities.
If there are securities on the subaccounts of the financial institution being reorganized and / or its customers (rights of claim for the issuer's obligations on issuing securities) for which restrictions are placed on conducting transactions, the actions specified in this paragraph of the Rules, shall be carried out by the central securities depository with simultaneous reflection of such imposed restrictions in the subaccounts of the financial organization and (or) its clients, to which these securities (rights of claim on the issuer's obligations on issuing securities) are credited, notifying the person who imposed these restrictions about the operations performed, indicating the new details of the sub-account, on which further accounting of such securities will be carried out (rights of claim on the issuer's obligations on issuing securities) with restrictions imposed on them.
After the operations specified in the first and second parts of this paragraph, the central securities depository shall send to the reorganized financial organizations reports on transactions registered in the central securities depository accounting system no later than the next business day after the transaction date.
Chapter 2.1. Assigning unique codes to clients of the central depository and clients of depositors
Footnote. The rules have been supplemented by Chapter 2.1 in accordance with the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 see paragraph 4 for the order of enforcement).
37-1. The procedure for assigning unique codes to clients of depositors, including clients of depositors served within the sub-account of the depositor for aggregate accounting of financial instruments belonging to its clients, as well as clients of the central depository, shall be established by the set of rules of the central depository.
37-2. The Central depository, in accordance with the procedure established by the set of rules of the central depository, shall carry out the assignment of a unique code to the depositor's client based on the information provided by the depositor about:
individual identification number of the depositor’s client an individual - a resident of the Republic of Kazakhstan;
business identification number of the depositor’s client a legal entity - a resident of the Republic of Kazakhstan or registered on the territory of the International financial center “Astana”;
individual identification number of the depositor’s client an individual or, in case of his/her absence, a document identifying the depositor’s client an individual - a non-resident of the Republic of Kazakhstan;
business identification number of the depositor’s client a legal entity or, in case of its absence, a document confirming the registration of the depositor’s client a legal entity - a non-resident of the Republic of Kazakhstan.
Footnote. Paragraph 37-2 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).37-3. The Central Depository, in the manner and within the time limits established by the set of rules of the central depository, shall send to the depositor and the trading organizer information about the unique code assigned to the depositor's client.
37-4. In the register of holders of securities (list of shareholders) of the issuer for the client of the depositor, to whom a sub-account has been opened in the system of accounting for nominal holding of the central depository by its unique code and (or) serviced within the sub-account of the depositor for aggregated accounting of financial instruments, it shall be indicated as a client of a certain nominal holder, indicating the information on the basis of which this client of the depositor was assigned a unique code.
The list of shareholders of the issuer shall indicate a shareholder who is a client of the depositor, if information about him/her is disclosed in the accounting system of the central depositary in a timely manner and to the extent necessary for compiling the list of shareholders, with a note about his/her nominal holder.
Footnote. Paragraph 37-4 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26.06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Chapter 3. Depository Services Agreement and Bank Account Agreement
38. The clients of the central securities depository in the exercise of depository activities shall be the persons referred to in paragraph 3 of Article 78 of the Law on the Securities Market. When the central securities depository performs operations on opening and maintaining bank accounts of individuals and legal entities, the clients of the central securities depository shall be the organizations indicated in paragraph 3 of Article 78 of the Law on the Securities Market, which concluded bank account agreements with the central securities depository.
39. The Central depository shall conclude depository service agreements and (or) bank account agreements with clients specified in paragraph 3 of Article 78 of the Law on Securities Market. The agreements shall be concluded in writing.
When the central depository provides services for nominal holding of securities, the depository service agreement contains the norms of the contract for nominal holding in accordance with Article 60 of the Law on the Securities Market.
The conditions and procedure for concluding a bank account agreement shall be established by the Rules for opening, maintaining and closing customer bank accounts, approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 207, registered in the Register of state registration of regulatory legal acts under No. 14422, and the set of rules of the central depository.
Footnote. Paragraph 39 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40. Opening and maintaining correspondent accounts of banks, branches of non-resident banks of the Republic of Kazakhstan and organizations carrying out certain types of banking operations, as well as transfer operations to fulfill orders of individuals and legal entities for payments and money transfers shall be carried out by the central depository in the manner prescribed by the Law of the Republic of Kazakhstan “On payments and payment systems”, Rules for establishing correspondent relations between banks, banks, branches of non-resident banks of the Republic of Kazakhstan and organizations carrying out certain types of banking operations, as well as establishing correspondent relations by banks with banks-participants of the International financial center “Astana”, approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 210, registered in the Register of State registration of regulatory legal acts under No. 14335, and the set of rules of the central depository.
Footnote. Paragraph 40 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market No. 63 dated 26.06.2023 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Chapter 3-1. The procedure for accounting for unclaimed money in the central depository accounting system
Footnote. The rules have been supplemented by Chapter 3-1 in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 26.07.2019 No. 125 (shall be enforced from July 1, 2019).
40-1. In the absence of information about the shareholder's bank account intended for crediting money from securities transactions at the company, and (or) in the system of registers of securities holders, and (or) the system of registration of nominal holdings, the money intended to pay for voting shares of the company, acquired by a major shareholder from other shareholders shall be transferred to an account for accounting of unclaimed money opened in the central depository accounting system.
In the absence of information about the current details of the shareholder at the company, in the system of registers of securities holders and (or) the system of accounting for nominal holding, payment of dividends on the company's common shares shall be carried out within five working days after the expiration of ninety calendar days from the date following the date of acceptance by the general meeting of shareholders of the decision on the payment of dividends on common shares of the company to an account for accounting of unclaimed money opened in the accounting system of the central depository.
In the absence of information about the current details of the shareholder at the company, in the system of registers of securities holders and (or) the system of accounting for nominal holding, payment of dividends on preferred shares of the company shall be carried out within five working days after the expiration of ninety calendar days after the date of compilation of the list of shareholders entitled receipt of dividends to an account for accounting of unclaimed money opened in the central depository accounting system.
In the absence of information about the current details of the shareholder at the liquidated company, and (or) in the system of registers of securities holders, and (or) the system of registration of nominal holding, the money to be paid to this shareholder after satisfying the claims of creditors shall be transferred within five working days from the date, following the date the liquidation commission made a decision on the payment of such money, to an account opened in the central depository for accounting of unclaimed money.
If the issuer of bonds, which has a license to carry out bank transfer operations, and (or) the system of registers of securities holders, and (or) the system of registration of nominal holdings does not have information about the current details of the bond holder, payment of amounts due to these holders intended for the redemption of bonds, including the last coupon reward, shall be transferred to an account for accounting of unclaimed money, opened in the accounting system of the central depository in the manner and within the time limits established by the set of rules of the central depository.
Payment of unclaimed money belonging to the client of the nominal holder, information about which is not disclosed in the accounting system of the central depository, shall be carried out to the account of the nominal holder, who independently transfers money to his client.
Footnote. Paragraph 40-1 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-2. Accounting of money intended to pay for voting shares of the company acquired by a major shareholder from other shareholders in accordance with Article 25-1 of the Law on Joint Stock Companies, and money intended for payment of dividends to shareholders, about which the company and (or) the register system of holders of securities, and (or) the nominal holding accounting system do not have up-to-date information, shall be carried out in the central depository accounting system separately for each person.
Footnote. Paragraph 40-2 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24. 02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-3. To pay for the voting shares of the company acquired by a major shareholder from other shareholders who do not have up-to-date information about the shareholder’s bank account intended for crediting money from transactions with securities, in accordance with Article 25-1 of the Law on Joint Stock Companies, this person simultaneously shall submit an order to the central depository to repurchase the company's shares and transfer the required amount of money to an account for accounting of unclaimed money, opened in the central depository accounting system.
The order specified in part one of this paragraph shall be accompanied by a document confirming the price for the sale by shareholders of their voting shares to a major shareholder, determined in accordance with paragraph 4 of Article 25-1 of the Law on Joint Stock Companies.
At the request of a person whose shares were sold to a major shareholder in accordance with Article 25-1 of the Law on Joint Stock Companies, the central depositary, within three working days from the date of receipt of such a request, provides him/her with a copy of the document specified in part two of this paragraph. The Central depository, in cases established by its set of rules, shall charge a fee for providing a copy of the document, which should not exceed the cost of its production.
Footnote. Paragraph 40-3 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10. 2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-4. Prior to the registration of a sale transaction by shareholders for which there is no up-to-date information about the shareholder's bank account intended for crediting money from securities transactions, voting shares of the company belonging to them at the request of a major shareholder in accordance with Article 25-1 of the Law on Joint Stock Companies, the central securities depository shall reconcile the amount of money credited to the account for accounting of unclaimed money opened in the accounting system of the central securities depository, with the information contained in the relevant order of a major shareholder.
If a discrepancy is detected in the amounts specified in part one of this paragraph, the major shareholder, within 1 (one) working day from the date of receipt of notification from the central depository about this discrepancy, shall make the necessary adjustment to the order or transfer the missing amount of money to the account for accounting of unclaimed money, opened in the central depository accounting system.
If the amount of money intended to pay for the voting shares of the company acquired by a major shareholder from other shareholders in accordance with Article 25-1 of the Law on Joint Stock Companies is more than the required amount, then such a difference shall be returned to the major shareholder to his/her bank account.
Footnote. Paragraph 40-4 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-5. If the central depository does not provide the issuer with the services of a paying agent, the issuer, within the period provided for in parts two and three of paragraph 40-1 of the Rules, shall send to the central depository in accordance with the form approved by the internal document of the central depository, information about shareholders to whom dividends have not been paid due to the lack of information about their current details in the company, and (or) the system of registers of securities holders, and (or) the system of accounting for nominal holding, and also transfer money intended for the payment of dividends to shareholders about whom the company and ( or) the system of registers of securities holders, and (or) the system of accounting for nominal holdings do not have information about their current details to the account for accounting of unclaimed money opened in the accounting system of the central depository.
After fulfilling the obligations to repay its bonds, the issuer holding a license to carry out bank transfer operations, in accordance with the procedure and terms established by the central securities depository's set of rules, shall send to the central securities depository, in accordance with the form approved by the internal document of the central securities depository, information about bondholders who have not been paid the amounts intended for repayment of bonds, including the last coupon remuneration, due to the lack of information about their current details in the company, and (or) the system of registers of securities holders, and (or) the nominal holding accounting system, and also transfer money intended for the payment of these amounts to an account for accounting of unclaimed money opened in the accounting system of the central depository.
The Central depository shall reconcile information received from the issuer on holders of financial instruments that have not been paid dividends and (or) interest on bonds, and (or) amounts intended for bond repayment with information from the central securities depository accounting system, and also reconcile the amount of money received from the issuer to the account for unclaimed money, opened in the accounting system of the central depository, with the amount of money specified in the information provided by this issuer.
If there are no discrepancies based on the results of the reconciliation carried out by the central depository in accordance with part three of this paragraph, the central depository shall accept the issuer’s payment order, enter the relevant information into the central depository’s accounting system and at the same time send the issuer a report on the execution of these operations.
If a discrepancy is detected in the amounts specified in part three of this paragraph, this information shall be reported to the issuer for taking corrective measures.
Footnote. Paragraph 40-5 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-6. If the central depository provides the issuer with the services of a paying agent, the transaction for the transfer of money intended for the payment of dividends and (or) interest on bonds, and (or) amounts intended for the redemption of bonds to holders of financial instruments for which there is no information about their current details at the company, and (or) in the system of registers of securities holders, and (or) in the system of accounting for nominal holding, to an account for accounting of unclaimed money opened in the accounting system of the central depository, shall be carried out in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 2, 2003 year No. 409 “On approval of the Rules for the activities of a paying agent” (registered in the Register of state registration of regulatory legal acts under No. 2632), and the set of rules of the central depository.
The Central depository shall transfer money intended for the payment of dividends and (or) interest on bonds, and (or) amounts intended for the redemption of bonds to holders of financial instruments for which there is no information about their current details at the company and (or) in the registry system of securities holders, and (or) in the nominal holding accounting system, to an account for accounting of unclaimed money opened in the central depository accounting system, and also enter the relevant information into the central depository accounting system and at the same time send a report on the execution of these operations to the issuer.
Footnote. Paragraph 40-6 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-7. The issuer, if there are unpaid dividends as of July 1, 2019, shall send to the central depository, in accordance with the form approved by the internal document of the central depository, information about shareholders who have not been paid dividends due to the lack of information about their current details at the company and (or) in the system registers of securities holders, and (or) in the system of registration of nominal holdings, and also transfer money intended for payment of dividends to shareholders, about which there is no information about their current details at the company, and (or) in the system of registers of securities holders, and (or ) in the nominal holding accounting system, to an account for accounting of unclaimed money opened in the central depository accounting system.
The Central depository shall carry out reconciliation of information received from the issuer about shareholders to whom dividends have not been paid with information (if any) from the central depository's accounting system, and also reconcile the amount of money received from the issuer to the account for accounting of unclaimed money opened in the central depository's accounting system, with the amount of money indicated in the information provided by this issuer.
If there are no discrepancies based on the results of the reconciliation carried out by the central depository in accordance with part two of this paragraph, the central depository shall accept the issuer's payment order, enter the relevant information into the central depository's accounting system and at the same time send the issuer a report on the execution of these operations.
If a discrepancy is detected in the amounts specified in part two of this paragraph, this information shall be reported to the issuer for taking corrective measures.
Footnote. Paragraph 40-7 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-8. Information about the details of the person to whom dividends and (or) interest on bonds have not been paid, and (or) amounts intended for redemption of bonds, and (or) money to be paid to the shareholder after satisfying the claims of creditors upon liquidation of the company due to the lack of information about his/her current details at the company, and (or) in the system of registers of securities holders, and (or) in the system of accounting for nominal holdings, shall be updated by the central depository based on the application of the person himself or the depositor of this person, no later than the business day following the day of receipt of the application.
After updating the details of a person to whom the amounts of money specified in part one of this paragraph have not been paid due to the lack of information about his/her current details at the company, and (or) in the system of registers of securities holders, and (or) in the system of accounting for nominal holding, the amounts of money due to this person, shall be transferred by the central depository to his/her bank account within 10 (ten) calendar days from the date of updating the details.
After carrying out the operation specified in part two of this paragraph, the Central depository shall make the appropriate entries in the account for accounting of unclaimed money opened in the central depository accounting system, and also send to the person specified in part one of this paragraph and (or) the issuer whose securities holder is this person a report on the transaction performed, in the manner prescribed by the internal documents of the central depository.
Footnote. Paragraph 40-8 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 28.10.2022 No. 84 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-9. A person from whom the company's shares have been purchased by a major shareholder in accordance with Article 25-1 of the Law on Joint Stock Companies, or a nominal holder of this person, shall apply at any time to the central depository for payment to the specified person of the money belonging to him/her in the manner prescribed by the internal document of the central depository.
Footnote. Paragraph 40-9 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.09.2021 No. 95 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-10. Money accumulated in an account for accounting of unclaimed money opened in the central depository accounting system shall be stored in a correspondent account of the central depository opened in the National Bank of the Republic of Kazakhstan.
To make payments from the account for accounting of unclaimed money opened in the accounting system of the central depository, money in foreign currency to the persons to whom they are owed, such amounts of money shall be transferred to the account of the central depository opened in the servicing bank of the central depository.
Footnote. Paragraph 40-10 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 26. 06.2023 No. 63 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).40-11. The Central depository shall ensure with its property the safety of money recorded in the account for accounting of unclaimed money, opened in the accounting system of the central depository.
Chapter 4. Activities on the formation and maintenance of a system of registers of
transactions with derivative financial instruments concluded in the organized and
unorganized securities markets
41. The activity of forming and maintaining a system of registers of transactions with derivative financial instruments concluded on organized and unorganized markets (hereinafter - the register) consists of receiving, entering and storing information provided by second-tier banks, branches of non-resident banks of the Republic of Kazakhstan, organizations carrying out brokerage and (or) dealer activities in the securities market, organizations engaged in investment portfolio management, and insurance (reinsurance) organizations (hereinafter referred to as entities) for transactions with derivative financial instruments concluded on the organized and unorganized securities markets.
The requirement of this paragraph does not apply to the National Bank of the Republic of Kazakhstan.
Footnote. Paragraph 41 is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market No. 37 dated 24. 02.2021 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).42. The procedure for maintaining the registry by the central securities depository, as well as the requirements for the format of information provided by the subjects, shall be established by a set of rules of the central securities depository.
43. The formation and maintenance of the register shall be carried out in electronic form within the software of the central securities depository. The registry shall contain information on transactions with derivative financial instruments.
Information on transactions with derivative financial instruments (futures) shall be formed in accordance with Appendix 1 to the Rules.
Information on transactions with derivative financial instruments (options) shall be formed in accordance with Appendix 2 to the Rules.
Information on transactions with derivative financial instruments (forwards) shall be formed in line with Appendix 3 to the Rules.
Information on transactions with derivative financial instruments (swaps) shall be formed in accordance with Appendix 4 to the Rules.
44. The authorized body and the National Bank of the Republic of Kazakhstan have access to the central depository database, formed as part of maintaining the register.
Footnote. Paragraph 44 is in the wording of the Resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market No. 37 dated 24. 02.2021 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).45. The verification of the legitimacy and authenticity of transactions with derivative financial instruments in the unorganized securities market shall be carried out by the central securities depository in the manner determined by its set of rules.
46. The retention period for information on transactions with derivative financial instruments shall be 5 (five) years from the date of termination of the agreement, the information about which shall be entered in the register.
| Appendix 1 to the Rules for the Implementation of Central Securities Depository Activities |
Information on transactions with derivative financial instruments (futures)
_________________________________
(name of a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan,
a broker and (or) dealer, an investment portfolio manager, an insurance (reinsurance) organization)
for the period from ________ to ____________
Footnote. The headline is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24. 02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Date of conclusion of the agreement.
This paragraph shall indicate the date of conclusion of the agreement in the form of DD - the number, MM - month, YYYY - year (hereinafter - DD.MM.YYYY.).
The expiration date of the agreement. This paragraph shall indicate the expiration date of the agreement in the form DD.MM.YYYY.
Code of the status of obligations under the agreement.
This paragraph shall indicate the status of obligations under the agreement in accordance with the following encoding:
T - obligations terminated under the agreement properly or terminated early, except for the early termination of the agreement due to breaches of the agreement or events related to the insolvency of one of the parties;
C - fulfillment of obligations is overdue;
P - the performance of obligations has been suspended on the grounds provided for in the agreement;
D - obligations terminated due to a breach by a party of the terms of the agreement or events related to the insolvency of one of the parties;
E - extension of the agreement validity period as a result of the occurrence of the circumstances or events provided for by the agreement.
4. The code of the participant responsible for making payments, compiled in accordance with the rules of the central securities depository.
5. The code of the participant receiving payments compiled in accordance with the rules of the central securities depository.
6. The nominal amount (at the expense of own funds).
This paragraph shall specify the size of the nominal amount of the agreement concluded at the expense of own funds, in the currency in which the nominal amount is expressed.
7. The nominal amount (at the expense of clients). This paragraph shall indicate the size of the nominal amount of the agreement concluded at the expense of the clients' funds in the currency in which the nominal amount is expressed.
8. Date of delivery of the underlying asset. This paragraph shall indicate the date of delivery of the underlying asset in the form DD.MM.YYYY.
9. The period of delivery of the underlying asset. This paragraph shall indicate the period of delivery of the underlying asset in the form of DD.MM.YYYY on DD.MM.YYYY.
10. Date of settlement under the agreement. This paragraph shall specify the date of settlement under the agreement in the form DD.MM.YYYY.
11. The period of payment under the agreement. This paragraph shall indicate the period of payment under the agreement in the form of DD.MM.YYYY on DD.MM.YYYY.
12. Code of calculation method. This paragraph shall indicate the method of calculation according to the following encoding:
D - Deliverable; C - calculated; DC - settlement and delivery.
13. Futures agreement price: opening price. This paragraph shall specify the agreement price prevailing at the start of the trading period.
14. Futures agreement price: spot price. This paragraph shall indicate the current market price of the agreement.
| Appendix 2 to the Central Securities Depository Rules of Operations |
Information on transactions with derivative financial instruments (options)
_________________________________________________________________________________
(name of a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan,
a broker and (or) dealer, an investment portfolio manager, an insurance (reinsurance) organization)
for the period from _________ to _____________
Footnote. The headline is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24. 02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Date of conclusion of the agreement. This paragraph shall indicate the date of conclusion of the agreement in the form of DD - the number, MM - month, YYYY - year (hereinafter - DD.MM.YYYY.).
2. The commencement date of the agreement. This paragraph shall specify the date of commencement of the agreement in the form DD.MM.YYYY.
3. The expiration date of the agreement. This paragraph shall indicate the expiration date of the agreement in the form DD.MM.YYYY.
4. Classification code of a derivative financial instrument. This paragraph shall specify:
1) type of option:
an option providing the buyer with an option of selling the underlying (basic) asset or obtaining the benefit of the seller of the underlying (basic) asset (the seller under the agreement, which is the underlying asset (basic) asset) (Put option);
an option providing the buyer with an option of buying the base (basic) asset or obtaining the buyer’s benefit of the base (basic) asset (the buyer of the agreement, which is the base (basic) asset of the option) (Call option);
2) type of option:
American option - the option buyer has the right to demand the option to be exercised on any day during the term of exercising the right to exercise it;
European option - the option buyer has the right to demand its execution only on the date of the option stipulated by the agreement;
Bermuda option - the buyer of the option has the right to demand its execution on the dates specified in the agreement;
3) attribute on the underlying (basic) asset:
equity instruments (stocks, shares, depository receipts for shares);
debt financial instruments (bonds, interest rates);
goods;
currency;
agreement;
index;
asset group;
other.
5. Code of the underlying (basic) asset of a derivative financial instrument. This paragraph shall specify the code of the underlying (basic) asset of a derivative financial instrument in the following form:
if the underlying asset is a currency, the currency code shall be specified, in relation to the unit of which the strike price is set;
if the underlying (basic) asset of a derivative financial instrument is a security, the code of such an asset shall be the ISIN code (International Securities Identification Number);
if the base (basic) asset of a derivative financial instrument is the interest rate, the asset shall be assigned a code in the order determined by the central securities depository;
if the underlying (basic) asset of a derivative financial instrument is a commodity, the asset shall be assigned a code in the order determined by the central securities depository.
6. Code of the status of obligations under the agreement. This paragraph shall indicate the status of obligations under the agreement in accordance with the following encoding:
T - obligations terminated under the agreement properly or terminated early, except for the early termination of the agreement due to breaches of the agreement or events related to the insolvency of one of the parties;
C - overdue fulfillment of obligations;
P - the performance of obligations has been suspended on the grounds provided for in the agreement;
D - obligations terminated due to a breach by a party of the terms of the agreement or events related to the insolvency of one of the parties;
E - extension of the agreement validity period as a result of the occurrence of the circumstances or events provided for by the agreement.
7. The code of the participant responsible for making payments, compiled in accordance with the internal documents of the central securities depository.
8. The code of the participant receiving payments compiled in accordance with the internal documents of the central securities depository.
9. The nominal amount of the agreement. This paragraph shall specify the size of the nominal amount of the agreement in the currency in which the nominal amount is expressed.
10. Fixed rate as a percentage. This paragraph shall indicate a fixed interest rate.
11. Date and time quotes. This paragraph shall specify the date and time of the quote for non-deliverable derivative financial instruments.
12. Depreciation code (increase) of a fixed rate. This paragraph shall indicate the depreciation code (increase) of a fixed rate.
13. The floating rate code. This paragraph shall indicate the floating rate code.
14. Depreciation code (increase) of the floating rate. This paragraph shall specify the depreciation code (increase) of the floating rate.
15. Maximum bid. This paragraph shall indicate the upper limit of the interest rate.
16. The minimum bid.
This paragraph shall specify the lower limit of the interest rate.
17. Unit code of the underlying (basic) asset. This paragraph shall specify the unit code of the base (basic) asset, with the exception of currency (pieces, tons, barrels, liters, etc.) according to the agreement. If necessary, the code shall be indicated in other numerical expressions of the corresponding measurements (thousands of pieces, millions of tons, tens of cubic meters, etc.).
18. Nominal amount (quantity) of the underlying (basic) asset. This paragraph shall specify the numerical value in units of the underlying (basic) asset.
19. Price (premium) of an option. This paragraph shall specify the numeric value in the currency in which the price (premium) of the option is expressed.
20. The code of the currency in which the price (premium) of the option is expressed. This paragraph shall indicate the currency code in which the price (premium) of the option is expressed.
21. The date of delivery of the underlying asset. This paragraph shall indicate the date of delivery of the underlying asset in the form DD.MM.YYYY.
22. The period of delivery of the underlying asset. This paragraph shall specify the period of delivery of the underlying asset in the form of DD.MM.YYYY on DD.MM.YYYY.
| Appendix 3 to the Central Securities Depository Rules of Operations |
Information on transactions with derivative financial instruments (forwards)
_______________________________________________________________________
(name of a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan, a broker and (or) dealer,
an investment portfolio manager, an insurance (reinsurance) organization)
for the period from _______ to ____________
Footnote. The headline is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02.2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Date of conclusion of the agreement. This paragraph shall indicate the date of conclusion of the agreement in the form of DD - the number, MM - month, YYYY - year (hereinafter - DD.MM.YYYY.).
2. The expiration date of the agreement. This paragraph shall specify the expiration date of the agreement in the form DD.MM.YYYY.
3. Classification code of a derivative financial instrument. This paragraph shall specify the types of underlying (basic) assets: equity instruments (stocks, shares); debt financial instruments (bonds, interest rates); products; currency; agreement; index; mixed investment portfolio; otherwise.
4. Code of the underlying (basic) asset of a derivative financial instrument.
This paragraph shall indicate the code of the underlying (basic) asset of a derivative financial instrument in the following form:
if the underlying asset is a currency, the currency code shall be specified, in relation to the unit of which the strike price is set;
if the underlying (basic) asset of a derivative financial instrument is a security, the code of such an asset shall be the ISIN code (International Securities Identification Number);
if the base (basic) asset of a derivative financial instrument is the interest rate, the asset shall be assigned a code in the order determined by the central securities depository;
if the underlying (basic) asset of a derivative financial instrument is a commodity, the asset shall be assigned a code in the order determined by the central securities depository.
5. Code of the state of obligations under the agreement.
This paragraph shall indicate the status of obligations under the agreement in accordance with the following encoding:
T - obligations terminated under the agreement properly or terminated early, except for the early termination of the agreement due to breaches of the agreement or events related to the insolvency of one of the parties;
C - overdue fulfillment of obligations;
P - the performance of obligations has been suspended on the grounds provided for in the agreement;
D - obligations terminated due to a breach by a party of the terms of the agreement or events related to the insolvency of one of the parties;
E - extension of the agreement validity period as a result of the occurrence of the circumstances or events provided for by the agreement.
6. The code of the participant responsible for making payments, compiled in accordance with the internal documents of the central securities depository.
7. The code of the participant receiving payments compiled in accordance with the internal documents of the central securities depository.
8. The nominal amount (at the expense of own funds). This paragraph shall specify the size of the nominal amount of the agreement concluded at the expense of own funds, in the currency in which the nominal amount is expressed.
9. The nominal amount (at the expense of clients). This paragraph shall indicate the size of the nominal amount of the agreement concluded at the expense of the clients' funds in the currency in which the nominal amount is expressed.
10. Date of delivery of the underlying asset.
This paragraph shall indicate the date of delivery of the underlying asset in the form DD.MM.YYYY.
11. The period of delivery of the underlying asset. This paragraph shall indicate the period of delivery of the underlying asset in the form of DD.MM.YYYY on DD.MM.YYYY.
12. Date and time quotes. This paragraph shall specify the date and time of the quote for non-deliverable derivative financial instruments.
13. Date of settlement under the agreement. This paragraph shall indicate the date of settlement under the agreement in the form DD.MM.YYYY.
14. The period of payment under the agreement. This paragraph shall indicate the period of payment under the agreement in the form of DD.MM.YYYY on DD.MM.YYYY.
15. Calculation method code. This paragraph shall specify the calculation method according to the following encoding:
D - Deliverable;
C - Calculated;
DC – Deliverable and Calculated.
16. The code of the currency in which the forward price is expressed. This paragraph shall indicate the currency code in which the forward price is expressed.
17. The code of the currency in which the forward price is paid. This paragraph shall indicate the code of the currency in which the forward price is paid.
18. Forward agreement price: opening price. This paragraph shall indicate the agreement price prevailing at the start of the trading period.
19. Forward agreement price: spot price. This paragraph shall specify the current market price of the agreement.
| Appendix 4to the Central Securities Depository Rules of Operations |
Information on transactions with derivative financial instruments (swaps)
_______________________________________________________________________________
(name of a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan,
a broker and (or) dealer, an insurance (reinsurance) organization)
for the period from ____________ to _______________
Footnote. The headline is in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan for regulation and development of the financial market dated 24.02. 2021 No. 37 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Date of conclusion of the agreement. This paragraph shall indicate the date of conclusion of the agreement in the form of DD - the number, MM - month, YYYY - year (hereinafter - DD.MM.YYYY.).
2. The date the agreement expires. This paragraph shall indicate the date of commencement of the agreement in the form DD.MM.YYYY.
3. The expiration date of the agreement. This paragraph shall indicate the expiration date of the agreement in the form DD.MM.YYYY.
4. Classification code of a derivative financial instrument. This paragraph shall indicate the type of swap by types of underlying (basic) assets:
currency swap;
percentage;
interest rate swap;
commodity swap;
securities or index swap;
swap of other assets or mixed assets.
5. Code of the underlying (basic) asset of a derivative financial instrument. This paragraph shall specify the code of the underlying (basic) asset of a derivative financial instrument in the following form:
if the underlying asset is a currency, the currency code shall be specified, in relation to the unit of which the strike price is set;
if the underlying (basic) asset of a derivative financial instrument is a security, the code of such an asset shall be the ISIN code (International Securities Identification Number);
if the base (basic) asset of a derivative financial instrument is the interest rate, the asset shall be assigned a code in the order determined by the central securities depository;
if the underlying (basic) asset of a derivative financial instrument is a commodity, the asset is assigned a code in the order determined by the central securities depository.
6. Code of the status of obligations under the agreement. This paragraph shall indicate the status of obligations under the agreement in accordance with the following encoding:
T - obligations terminated under the agreement properly or terminated early, except for the early termination of the agreement due to breaches of the agreement or events related to the insolvency of one of the parties;
C - overdue fulfillment of obligations;
P - the performance of obligations has been suspended on the grounds provided for in the agreement;
D - obligations terminated due to a breach by a party of the terms of the agreement or events related to the insolvency of one of the parties;
E - extension of the agreement validity period as a result of the occurrence of the circumstances or events provided for by the agreement.
7. The code of the participant responsible for making payments, compiled in accordance with the internal documents of the central securities depository.
8. The code of the participant receiving payments compiled in accordance with the internal documents of the central securities depository.
9. The nominal amount (at the expense of own funds). This paragraph shall specify the size of the nominal amount of the agreement concluded at the expense of own funds, in the currency in which the nominal amount is expressed.
10. The nominal amount (at the expense of clients).This paragraph shall indicate the size of the nominal amount of the agreement concluded at the expense of the clients' funds in the currency in which the nominal amount is expressed.
11. The code of the currency in which the nominal amount is expressed. This paragraph shall indicate the currency code in which the nominal amount is expressed.
12. Fixed rate as a percentage. This paragraph shall indicate a fixed interest rate.
13. Depreciation code (increase) of a fixed rate. This paragraph shall indicate the depreciation code (increase) of a fixed rate.
14. Floating rate code. This paragraph shall indicate the floating rate code.
15. Depreciation code (increase) of the floating rate. This paragraph shall specify the depreciation code (increase) of the floating rate.
16. Maximum bid. This paragraph shall indicate the upper limit of the interest rate.
17. The minimum bid. This paragraph shall indicate the lower limit of the interest rate.
18. Unit code of the underlying (basic) asset. This paragraph shall specify the unit code of the base (basic) asset, with the exception of currency (pieces, tons, barrels, liters, etc.) according to the agreement. If necessary, the code is indicated in other numerical expressions of the corresponding measurements (thousands of pieces, millions of tons, tens of cubic meters, etc.).
19. The nominal amount (quantity) of the underlying (basic) asset. This paragraph shall specify the numerical value in units of the underlying (basic) asset.
20. The date of delivery of the underlying asset.
This paragraph shall indicate the date of delivery of the underlying asset in the form DD.MM.YYYY.
21. The period of delivery of the underlying asset. This paragraph shall indicate the period of delivery of the underlying asset in the form of DD.MM.YYYY on DD.MM.YYYY.
| Appendix to Resolution of the Board of the National Bank |
|
| Republic of Kazakhstan № 307 of November 29, 2018, |
The list of regulatory legal acts of the Republic of Kazakhstan, as well as structural elements
of some regulatory legal acts of the Republic of Kazakhstan, considered to have lost force
1. Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 254 dated December 19, 2015 “On Approval of the Rules for the Implementation of Central Securities Depository Activities” (registered in the Register of State Registration of Regulatory Legal Acts under No. 12957, published on March 30, 2016 in the Reference Control Bank of Regulatory Legal Acts of the Republic Kazakhstan).
2. Paragraph 9 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on the regulation of the securities market, which are subject to amendments and additions, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 259 dated October 28, 2016 "On Amendments and Additions to Certain Regulatory Legal Acts of the Republic Kazakhstan on the Issues of Regulation of the Securities Market"(registered in the Register of State Registration of Regulatory Legal Acts under No. 14525, published on December 29, 2016 in "Adіlet", the Legal Information System).
3. Paragraph 7 of the List of the Regulatory Legal Acts of the Republic of Kazakhstan on the issues of regulation of the securities market, which are subject to amendments and additions, approved by Resolution No. 11 of the Board of the National Bank of the Republic of Kazakhstan dated January 29, 2018 “On Amendments and Additions to Certain Regulations of the Republic Kazakhstan on the Regulation of the Securities Market "(registered in the Register of State Registration of Regulatory Legal Acts under No. 16643, published on April 3, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
4. Paragraph 4 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on Financial Market Regulation, which are subject to amendments and additions, approved by Resolution No. 230 of the Board of the National Bank of the Republic of Kazakhstan dated September 27, 2018 “On Amendments and Additions to Certain Regulatory Legal Acts of the Republic of Kazakhstan on the Regulation of the Financial Market "(registered in the Register of State Registration of Regulatory Legal Acts under the number 17820).