Unofficial translation
Footnote. The heading in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
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 RESOLVED as follows:
Footnote. The preamble in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).1. To approve the attached Rules for the implementation of activities on maintaining the system of the registers of securities holders.
Footnote. Paragraph 1 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).2. The regulatory legal acts of the Republic of Kazakhstan, as well as the structural elements of certain regulatory legal acts of the Republic of Kazakhstan listed in the annex to this Resolution shall be declared to be no longer in force.
3. In compliance with the procedure established by the legislation of the Republic of Kazakhstan, the Department for Regulation of Non-Banking Financial Organizations (A. M. Kosherbayeva) shall:
1) jointly with the Legal Department (N. V. Sarsenova) 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 copy both in the 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 the information to the Legal Department on the implementation of measures provided for in subparagraphs 2), 3) of this paragraph and paragraph 4 of this resolution.
4. Within ten calendar days after the state registration of this resolution, the Directorate for Protection of the Rights of Consumers of Financial Services and External Communications (A. L. Terentyev) shall direct the copy of it for official publication in periodicals.
5. The control over the execution of this resolution shall be imposed on the Deputy Chairman of the National Bank of the Republic of Kazakhstan, Zh.B. Kurmanov.
6. This resolution shall come into effect on January 1, 2019 and shall be officially published.
|
Chairman of the National Bank |
D. Akishev |
| Approved by Resolution № 249 of the Board of the National Bank of the Republic of Kazakhstan of October 29, 2018 |
Rules for the implementation of activities on maintaining the system of the registers of securities holders
Footnote. The heading in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for the implementation of activities on maintaining the system of the registers of securities holders (hereinafter referred to as the Rules) have been developed in compliance with the Law of the Republic of Kazakhstan "On the Securities Market" (hereinafter - the Law on the Securities Market) and shall determine the procedure for implementation of the activities of the Central Depository for maintaining the system of the registers of securities holders (hereinafter referred to as the system of registers).
Footnote. Paragraph 1 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).2. For the purposes of the Rules, the following concepts shall be used:
1) personal account of the issuer opened for accounting of emissive securities, the circulation period of which has expired - a personal account opened for the issuer in the system of registers for accounting of emissive securities, the circulation period of which has expired and the issuer has not fulfilled the obligation to redeem them, written off from the personal accounts of the holders these securities;
2) authentication - confirmation of the identity of the client, the authenticity and correctness of the compilation of an electronic document by using a security procedure;
3) register of securities holders - a set of information about the holders of securities as of a certain date, which makes it possible to identify these holders, as well as the type and number of securities belonging to them (claim rights under the obligations of the issuer for issue-grade securities);
4) personal account of a securities holder - a personal account opened in the system of registers for a registered person who is the owner of securities (claim rights for the obligations of the issuer on issuance securities) and (or) on which transactions are registered and rights on issuance securities are recorded;
5) biometric identification - a procedure for establishing the identity of a client to unambiguously confirm his rights to receive electronic services based on his physiological and biological characteristics, taking into account the requirements of the Law of the Republic of Kazakhstan "On personal data and their protection";
6) one-time password - a password valid only for one authentication session of the subjects of receiving services in electronic form;
7) dynamic identification of the client - the procedure for establishing the identity of the client to unambiguously confirm his rights to receive services by using a one-time (single-time) or multiple-use code;
8) depositor - a client of the central depository, performing the functions specified in paragraph 1 of Article 59 of the Law on the Securities Market;
9) personal account of the issuer for recording declared securities - a personal account opened in the system of registers for the issuer, according to which the accounting of non-placed emissive securities is carried out;
10) register of participants in a limited liability partnership - a set of information about the participants in a limited liability partnership as of a certain date;
11) register of holders of shares of a unit investment fund - a set of information about the holders of units of a unit investment fund as of a certain date, which makes it possible to identify these holders, as well as the type and number of shares they own;
12) Islamic securities - Islamic lease certificates and Islamic participation certificates;
13) personal account of a common representative - a personal account opened in the system of registers for a common representative of participants in common ownership, according to which securities (claim rights for the obligations of the issuer on issuance securities) are owned by multiple people;
14) password - a unique sequence of electronic digital symbols created by software and hardware at the request of the client and intended for multiple uses over a certain period when providing access to the client to the electronic services of the central depository;
15) operation in the system of registers - a set of actions, the result of which is the entry of data into the system of registers or their change and (or) the preparation and provision of information from the system of registers;
16) authorized body - an authorized body for regulation, control and supervision of the financial market and financial organizations;
17) personal account of the issuer for accounting of placed emissive securities unclaimed by their holders - a personal account opened for the issuer in the system of registers for accounting of placed emissive securities paid by the holder (holders), but not credited to his/her (their) personal account (accounts) in connection with the non-submission by the holder (holders) of the relevant order (orders);
18) electronic services - services provided to the client through a mobile application or personal account, for the implementation of transactions on a personal account and (or) information transactions, as well as services provided by the central depository according to the set of rules of the central depository;
19) personal account of the issuer for recording repurchased securities - a personal account opened in the system of registers for the issuer, on which issuance securities repurchased by the issuer in the secondary securities market, as well as credited to this account in accordance with paragraphs 53 and 54 of the Rules, are recorded;
20) personal account of the issuer for accounting of repurchased claim rights on the obligations of the issuer on issuance securities - a personal account opened for the issuer in the system of registers for accounting of claim rights redeemed by the issuer on the secondary securities market on its obligations on equity securities, the circulation period of which has expired, and the issuer has not fulfilled its obligations to repay them;
21) claim rights under the obligations of the issuer on issue-grade securities - the claim rights on the obligations of the issuer on issue-grade securities, the circulation period of which has expired, and the issuer has not fulfilled the obligation to redeem them.
Footnote. Paragraph 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 24.09.2021 № 95 (shall come into effect ten calendar days after the day of its first official publication).3. The registry system shall be maintained by the central securities depository.
4. Personal accounts shall be opened in the system of registers for owners of securities (claim rights under the obligations of the issuer for issue-grade securities), issuers and nominal holders.
The opening of a personal account shall be carried out after the central depository takes due diligence measures provided for by the Law of the Republic of Kazakhstan dated August 28, 2009 "On Counteraction of Legitimization (Laundering) of Incomes Received by Illegal Means, and Financing of Terrorism" (hereinafter referred to as the Law on combating money laundering).
It shall be allowed to use the services of an identification data exchange centre (hereinafter referred to as the IDC) when identifying a client who is an individual using biometric identification tools.
It shall be allowed to use the services of a credit bureau with state participation in identifying a client who is an individual or legal entity.
The interaction of the central depository with the IDC or a credit bureau with state participation shall be carried out on the terms provided for by the Rules for the implementation of the activities of the central depository, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 29, 2018 № 307, registered in the Register of State Registration of Regulatory Legal Acts under № 17920.
Footnote. Paragraph 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 21.09.2020 № 84 (shall come into effect ten calendar days after the day of its first official publication).4-1. The Central Securities Depository, in accordance with the procedure determined by the IDC, a credit bureau with state participation or authorized state bodies that carry out the formation of state databases, within the time limits determined by the internal rules of the Central Securities Depository, shall reconcile the data on its clients contained in the accounting system of the Central Securities Depository with information about such clients, received by the central depository from the above sources.
If, as a result of this reconciliation, a discrepancy in the client’s data is revealed, the central depository, in the manner prescribed by its internal documents, shall determine the availability of data about the client to be updated and make appropriate changes to its accounting system, after which it shall send a notification to such a client if his data is updated based on information obtained using the services of the IDC, 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 are supplemented by paragraph 4-1 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 September 21, 2020 № 84 (shall come into effect 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).5. The actions of the central securities depository on the formation of the registry system shall consist in receiving, checking, processing, entering information submitted by the issuer, the organization that previously maintained the registry system, and the holder of securities (rights of claim under the issuer's obligations with respect to issue-grade securities) to the registry system.
6. The registry system shall consist of the following documents:
1) orders to conduct operations;
2) reports on the execution of orders (notifications on the operations performed);
3) refusals to execute orders;
4) copies of an identity card or an electronic document from the digital document service (for identification) of a registered person that is an individual, or documents specified in subparagraphs 2) and 3) of paragraph 13 of the Rules, provided by a registered person that is a legal entity;
5) copies of property trust management agreements with all amendments and additions to them;
6) documents specified in paragraphs 10, 11, 12, 13, 14, 16, 40, 42, 43, 44, 45, 48, 49, 51, 52, 53, 54, 56, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 and 82 of the Rules, on the basis of which operations were carried out in the registry system;
7) documents received by the central depository (the organization that previously maintained the system of registers) from the issuer and sent by the central depository (the organization that previously maintained the system of registers) to the issuer during the term of the agreement;
8) copies of notifications from the authorized body on the approval of reports on the results of the placement of shares and Islamic securities (on the results of the redemption of non-government bonds, and Islamic securities);
9) register of transactions;
10) register of incoming documents;
11) register of outgoing documents;
12) archiving journal;
13) acts of acceptance and transfer of documents constituting the system of registers.
Footnote. Paragraph 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 13.12.2021 № 104 (shall come into effect ten calendar days after the day of its first official publication).7. The registry system shall contain the following information:
1) about the issuer, including the management company of the mutual investment fund, custodian and issues of the issuer's securities;
2) the name of the unit investment fund;
3) on registered individuals, numbers of their personal accounts, holders of securities and their representatives;
4) on the type, quantity, International Securities Identification Number (ISIN code) of securities recorded in personal accounts;
5) on the rights of claim under the issuer's obligations with respect to issue-grade securities;
6) on individuals to whom securities (rights of claim under the issuer's obligations with respect to issue-grade securities) were transferred to trust management;
7) on transactions conducted in the registry system and the reasons for their performance;
8) on the receipt and transfer of documents that make up the registry system;
9) the amount of the transaction if the central securities depository executes an order to write off (credit) securities (rights of claim under the issuer's obligations with respect to issue-grade securities) from (to) personal (personal) accounts (accounts) of registered persons;
10) on individuals in whose favour the encumbrance of securities (rights of claim under the issuer's obligations with respect to issue-grade securities) and on the rights transferred to them on encumbered securities.
8. The registry system shall contain the following information about the issuer:
1) full and abbreviated name of the issuer both in the Kazakh and Russian languages;
2) the name of the state body that carried out the state registration (re-registration) of the legal entity, as well as the date and number of the state registration (re-registration), business identification number (if any) (hereinafter – the BIN) of the issuer (if any);
3) location, mailing address;
4) telephone numbers, fax numbers and other means of communication;
5) full name of the head of the issuer's executive body and the chief accountant.
9. The registry system shall contain the following information on the issuer's securities:
1) the date and number of the certificate of state registration of the issue of securities (indicating the dates and numbers of previously issued certificates) and the name of the registering authority that carried out the state registration of the issue of securities;
2) type, International securities identification number (ISIN code), form of issue of securities, including information on the conversion of securities;
3) the number of authorized securities, with the exception of units of a mutual investment fund;
4) the number of placed securities;
5) the nominal value of bonds (Islamic securities);
6) the term of circulation of bonds (Islamic securities) and the date of their redemption;
7) the date of approval of reports on the results of the placement of shares and Islamic securities (notices on the results of the redemption of private bonds, the report on the results of the redemption of Islamic securities), as well as the dates on which the reports on the results of the placement of shares and Islamic securities have been approved (dates period).
Amendments and additions to the information constituting the registry system shall be submitted by the issuer to the central securities depository within 10 (ten) calendar days after the date of their inclusion in the relevant documents of the issuer, and (or) receipt from the authorized body of new documents concerning the issue, circulation, redemption and (or) cancellation of securities.
Additions to the information constituting the registry system about the maturity date of the bonds shall be submitted by the issuer to the central securities depository within 10 (ten) calendar days after determining the maturity date of the bonds if the prospectus of this bond issue does not contain a specific maturity date.
10. The Central Depository shall accept units of a unit investment fund for services based on the following documents submitted by the management company of the unit investment fund:
1) copies of the certificate of state registration of the issue of units;
2) copies of the rules of the unit investment fund;
3) a document containing notarized sample signatures of representatives of the management company, who have the right to sign documents for conducting operations on personal accounts and information operations;
4) a document containing notarized sample signatures of custodian representatives who have the right to confirm documents for conducting transactions on personal accounts and information transactions.
Requirements for the form and content of documents containing notarized sample signatures of representatives of the management company and (or) custodian are determined by the set of rules of the central depository.
When the management company and (or) custodian provides the documents specified in subparagraphs 1) and 2) of part one of this paragraph, in the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on an electronic document and an electronic digital signature or other electronic digital form using dynamic client identification and (or) biometric identification of authorized representatives of the management company and (or) custodian, the documents specified in subparagraphs 3) and 4) of part one of this paragraph shall not be submitted.
The management company and (or) custodian shall submit documents for servicing shares of a unit investment fund electronically through a mobile application or personal account in accordance with the security procedures established by the set of rules of the central depository.
The security procedure for providing services electronically includes reliable identification of the client and his right to receive relevant electronic services, as well as client authentication using the client’s electronic digital signature and (or) through dynamic and (or) biometric identification of the client.
Footnote. Paragraph 10 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).11. Issue-grade securities shall be credited to the issuer's personal account for accounting of declared securities by the central securities depository on the basis of a copy of the certificate of state registration of the issue of issue-grade securities and a copy of the securities issue prospectus or amendments and / or additions to the securities issue prospectus.
12. Opening a personal account for an individual in the system of registers shall be carried out based on the following documents:
1) an order to open a personal account;
2) an identity card, or an electronic document from a digital document service (for identification) of an individual, or a notarized copy of an individual's identity card (in the case of submitting documents by post or through a courier), or a copy of an individual's identity card with a copy of the application for acquisition of shares of a mutual investment fund (in the case of transfer of documents by the management company on behalf of an individual who applied to the acquisition of shares).
When submitting an order to open a personal account to an individual in the form of an electronic document using information systems in accordance with the Law of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature", an electronic copy of an identity card or an electronic document from a digital document service shall be attached to an electronic order of an individual (for identification) of this individual.
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 13.12.2021 № 104 (shall come into effect ten calendar days after the day of its first official publication).13. Opening a personal account for a legal entity shall be carried out based on the following documents:
1) an order to open a personal account;
2) a copy of the certificate of state registration (re-registration) of the legal entity;
3) a document containing notarized samples of signatures of representatives of a legal entity who have the right to sign documents for conducting operations on personal accounts and information operations, including the following information:
name of the legal entity;
position, surname, name, patronymic (if any) of a representative of a legal entity, details of an identity document;
an indication that the signature samples contained in this document are considered mandatory when performing operations on the personal account of a legal entity and information operations.
When the first head of a legal entity provides an order to open a personal account of a legal entity in the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on an electronic document and an electronic digital signature or other electronic digital form using dynamic client identification and (or) biometric identification of the first head of the legal entity, the document specified in subparagraph 3) of this paragraph shall not be provided.
Footnote. Paragraph 13 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).14. Documents for opening a personal account specified in paragraph 12 of the Rules shall be submitted by an individual or his/her representative based on a power of attorney issued in accordance with the civil legislation of the Republic of Kazakhstan, or sent by post or in the form of an electronic document through the use of information systems in accordance with the law of the Republic of Kazakhstan on an electronic document and an electronic digital signature or other electronic digital form using dynamic and (or) biometric identification of the client.
Documents for opening a personal account, specified in paragraph 13 of the Rules, shall be submitted by the first head of the legal entity and (or) his/her representative based on a power of attorney issued in accordance with the civil legislation of the Republic of Kazakhstan, or sent by post.
Documents for opening a personal account, specified in paragraph 13 of the Rules, in the form of an electronic document shall be provided through the use of information systems in accordance with the legislation of the Republic of Kazakhstan on electronic documents and electronic digital signatures, signed by the electronic digital signature of the first head of the legal entity or other electronic digital forms with using dynamic and (or) biometric identification of the first head of the legal entity.
In the case of opening a personal account for a person who has submitted an application to the management company for the acquisition of shares, the transfer of the documents specified in paragraphs 12 and 13 of the Rules to the central depository shall be carried out by the management company, if this is provided for by the rules of the unit investment fund.
Footnote. Paragraph 14is 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).15. The requirements of Paragraphs 12 and 13 of the Rules shall not apply:
1) when opening a personal account for a registered person - the owner of the securities (rights of claim under the issuer's obligations with respect to issue-grade securities) in the event the license is withdrawn from a professional participant of the securities market performing brokerage and (or) dealer activities with the right to keep clients’ accounts as a nominal holder within the system of nominal holding of which securities were accounted for (rights of claim under the issuer's obligations with respect to issue-grade securities), belonging to this person, on the basis of the order of the nominal holder for opening a personal account and original documents submitted by the nominal holder to the client for opening a personal account in the accounting system for nominal holding;
2) when opening a personal account to a registered person for the purpose of execution of the court execution writ by the central securities depository;
3) when opening a personal account to a registered person in the event of reorganization of joint-stock companies.
The provisions of this Paragraph shall apply when a registered person does not have a personal account opened in the registry system.
16. If the ownership of securities belongs to several persons, a personal account in the system of registers shall be opened based on an order to open a personal account of their common representative with the agreement of all participants in common ownership on its choice in paper form or the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on an electronic document and an electronic digital signature or other electronic digital form using dynamic and (or) biometric identification of the client.
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 24.09.2021 № 95 (shall come into effect ten calendar days after the day of its first official publication).17. An order for opening (closing) a personal account shall be signed by an individual or his/her representative or a representative of a legal entity and shall contain the information provided by the set of rules of the central depository.
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 24.09.2021 № 95 (shall come into effect ten calendar days after the day of its first official publication).18. Excluded by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 24.02.2021 № 37 (shall come into effect ten calendar days after the day of its first official publication).
19. A registered individual shall have one personal account in the registry system, with the exception of the issuer and the common representative of the common property participants.
20. An individual number shall be assigned to a personal account. The personal account shall contain the following information about (on):
1) a registered person;
2) quantity, type and international identification number (ISIN code) of securities;
3) claim rights under the obligations of the issuer for equity securities;
4) the number of encumbered securities (claim rights under the obligations of the issuer on issuance securities);
5) persons in whose favour the encumbrance of securities (claim rights under the obligations of the issuer under equity securities) has been carried out, and who own the rights under the encumbered securities;
6) the number of blocked securities (claim rights under the obligations of the issuer for issue-grade securities);
7) transactions carried out on this personal account;
8) trust manager in the amount established by the set of rules of the central depository;
9) the number of securities (rights to claim under the obligations of the issuer for issuance securities) transferred to trust management;
10) information provided by the set of rules of the central 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 24.02.2021 № 37 (shall come into effect ten calendar days after the day of its first official publication).21. In the case of suspension or deprivation of a license of the management company of a mutual investment fund, the management of personal accounts of a mutual investment fund shall be transferred to the custodian of the mutual investment fund and shall be executed by introducing appropriate amendments to the register of holders of the mutual investment fund in the manner, prescribed by the Central Securities Depository.
22. The following information on transactions performed on the personal account shall be reflected in the personal account:
1) type of operation;
2) date and time of its holding;
3) ground for transaction;
4) numbers of personal accounts participating in the transaction;
5) number, type, international securities identification number (ISIN code) of the securities or the number and identifier of rights of claim under the issuer's obligations on issue-grade securities in respect of which the transaction was performed.
23.The central securities depository shall keep records in the registry system for each type of securities certifying the same rights and obligations of the owners and the issuer.
24. Formation, maintenance and storage of the register of participants of a limited liability partnership shall be carried out in accordance with the set of rules of the central securities depository and the agreement concluded by the central securities depository with the limited liability partnership.
25. Documents received by the central depository shall be registered in the registers for incoming documents, recording orders of issuers and registered persons, and recording powers of attorney. After acceptance of the document (except for cases of acceptance of documents in electronic digital form using information systems), the central depository, at the request of the applicant, shall issue to him/her a document confirming the fact of acceptance, indicating the date (time) of acceptance and surname, name, patronymic (if any) of the central depository employee who accepted and registered the document.
Footnote. Paragraph 25 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).26. Documents issued by the central securities depository shall be registered in the register of outgoing documents.
27. Amendments to the information constituting the registry system shall be recorded in the respective internal depository logs of the central securities depository.
28. Documents with a mark on execution (except for documents, accepted in an electronic and digital form using informational systems) shall be transferred to the archive of the central depository, which are recorded in the archive log. When registering documents in the archive log, their integrity, the number of sheets and copies, as well as the annexes thereto shall be verified.
Footnote. Paragraph 28 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).29. In case of loss of information constituting the registry system, in electronic and / or paper media, the central securities depository shall:
notify the issuer and the authorized body of this within 1 (one) business day;
publish the information in mass media about the necessity to provide documents for interested parties in order to restore information that constitutes the registry system,;
recover lost data within 14 (fourteen) calendar days from the date of their loss.
30. The storage of documents that make up the registry system shall be carried out by the central securities depository independently or with the involvement of third parties under service delivery agreements.
31. Excluded by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 24.02.2021 № 37 (shall come into effect ten calendar days after the day of its first official publication).32. Excluded by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 24.02.2021 № 37 (shall come into effect ten calendar days after the day of its first official publication).
33. In the case of using the services of a transfer agent, the customers of the central securities depository shall pay for the services of the central securities depository separately, without taking into account the cost of the services of the transfer agent, which are paid to the transfer agent by this customer independently.
Chapter 2. Procedure for carrying out activities for maintaining a system of registers of securities holders
Footnote. The heading of Chapter 2 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
34. Registration of transactions with securities (rights of claim under the issuer's obligations with respect to issue-grade securities) in the system of registeres shall be accomplished by carrying out the relevant transactions on personal accounts.
Accounting of the rights of claim under the issuer's obligations with respect to issue-grade securities, the circulation period of which has expired and the issuer failed to fulfil obligations to repay them, shall be carried out by the central depository by identifiers assigned by the central depository in accordance with the procedure established by the set of rules of the central depository with the international securities identification number (ISIN code) of these issue-grade securities.
The quantitative expression of rights of claim under the issuer's obligations under issue-grade securities on the personal accounts of registered persons shall be determined in accordance with the number of issue-grade securities for which these rights of claim arose.
Footnote. Paragraph 34 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).35. The central securities depository shall perform the following types of transactions in the registry system:
1) personal account transactions;
2) informational operations.
36. The transactions on personal accounts shall include:
1) opening a personal account;
2) amendment of information concerning a registered person, a unit investment fund or a management company of a unit investment fund;
3) debiting (crediting) of securities from (to) personal accounts of registered individuals;
4) split-up of shares;
5) encumbrance of securities (rights of claim on the issuer's obligations on equity securities) and removal of encumbrance;
6) blocking of securities (rights of claim under the issuer's obligations under issue-grade securities) and removal of the blocking;
7) making an entry on a trust manager and deleting a record on a trust manager;
8) debiting (crediting) rights of claim under the issuer's obligations under issue-grade securities from (to) personal accounts (accounts) of registered persons;
9) making entries on the conversion of securities and other monetary obligations of the issuer into common shares of the issuer;
10) making entries on the exchange of issued shares of the issuer of one type for shares of this issuer of another type;
11) cancellation of the issue of issue-grade securities;
12) redemption of securities;
13) closing a personal account.
Footnote. Paragraph 36 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 26.06.2023 № 63 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).37. Information operations shall include:
1) compiling and issuing a register of securities holders (list of shareholders) on a specific date and time;
2) drawing up and issuing an extract from the personal account;
3) compiling and issuing a certificate about the holders of securities on a certain date and time;
4) preparation and issuance of information based on a relevant order or request of a registered person (his/her representative).
Information and documents provided by the central depository as of the date of maintaining the system of registries by the organization that previously maintained the system of registries shall be compiled according to the documents submitted by the organization that previously maintained the system of registries, and changes shall be made to them only based on a relevant court decision.
Footnote. Paragraph 37 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 № 37 (shall come into effect ten calendar days after the day of its first official publication).38. An order to write off (credit) securities (claim rights under the issuer's obligations under issuance securities) from (to) personal accounts of registered persons shall contain the information provided for by the set of rules of the central depository.
An order to write off (credit) securities (claim rights under the issuer's obligations under issuance securities) from (to) personal accounts of registered persons shall be signed by the person participating in the transaction, or his/her representative, as well as the central depository in cases established by the legislation of the Republic of Kazakhstan on the securities market. The order shall be submitted in paper form, in the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on an electronic document and an electronic digital signature or other electronic digital form using dynamic and (or) biometric identification of the client.
The order of the management company of a unit investment fund to write off (credit) shares from (to) personal accounts of registered persons shall be signed by its representative, and also signed by the head of the custodian unit that provides accounting for the assets of the unit investment fund, or shall be confirmed by the custodian by sending them to the central depository of its confirmation of the order of the management company of the unit investment fund to write off (credit) shares from (to) personal accounts of registered persons in writing or the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature or other electronic digital form using dynamic and (or) biometric identification of the client.
The form and content of orders submitted to the central depository, as well as confirmation of the order of the management company by the custodian, shall be determined by the set of rules of the central depository.
The procedure and conditions for submitting orders in the form of an electronic document or other electronic digital form using dynamic and (or) biometric identification of the client, taking into account security procedures, as well as their formats, the procedure for submitting claims and methods for resolving disputes arising from the receipt of orders, shall be determined set of rules of the central depository.
Footnote. Paragraph 38 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).39. The order for registration of a stock split operation contains information provided for by the set of rules of the central depository.
The order for registration of a stock split operation is signed by an authorized person of the issuer.
Footnote. Paragraph 39 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 26.06.2023 № 63 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).40. In the event of a transaction on the personal account of a common representative of participants in common ownership, the central depository shall be is provided with the consent of all participants in common ownership to conduct the operation in paper form or in the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature or other electronic-digital form using dynamic and (or) biometric identification of the client.
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 dated 24.09.2021 № 95 (shall come into effect ten calendar days after the day of its first official publication).41. When conducting an operation on personal accounts, the central depository shall check the content of the orders of the participants in the transaction for compliance with the legislation of the Republic of Kazakhstan on the securities market, based on the data of the system of registers, and reconcile the signatures on the orders for their compliance with the signatures indicated in the document containing notarized samples signatures of representatives of a legal entity who have the right to sign documents for the registration of transactions on personal accounts and information transactions, or an identity document of an individual (in the original or a notarized copy), who is a party to the transaction or representatives by power of attorney.
When conducting operations on personal accounts on the basis of orders, instructions submitted in the form of an electronic document, the central depository shall verify electronic digital signatures in accordance with the legislation of the Republic of Kazakhstan on electronic documents and electronic digital signatures.
When conducting operations on personal accounts on the basis of orders, instructions submitted in another electronic-digital form, the central depository shall carry out dynamic and (or) biometric identification of the client.
When conducting operations on personal accounts of a legal entity, the signing of orders, instructions submitted in the form of an electronic document or in another electronic digital form shall be carried out by the first head of the legal entity or by persons who have the right to sign such documents on the basis of information provided to the central depository.
When submitting an order in the form of an electronic document, the documents provided for in paragraphs 45, 47, 59, 61, 62, 70, 71, 72 of the Rules shall be submitted in the form of a scanned copy.
Footnote. Paragraph 41 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).42. Operations specified in subparagraphs 2), 3), 5), 7) and 8) of paragraph 36 of the Rules shall not be carried out on personal accounts opened in accordance with paragraph 15 of the Rules (except for the transfer of securities from one personal account to another personal account in the event of inheritance or transfer of ownership of securities upon liquidation of a legal entity, write-off of shares by the management company upon termination of the existence of a mutual investment fund) until the registered person provides the central depository with an identity card or an electronic document from the digital document service (for identification) of the registered person, which is an individual, or the documents established by subparagraphs 2) and 3) of paragraph 13 of the Rules if the registered person is a legal entity.
Footnote. Paragraph 42 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 13.12.2021 № 104 (shall come into effect ten calendar days after the day of its first official publication).43. On a personal account opened in accordance with subparagraph 1) of paragraph 15 of the Rules, the operations specified in subparagraphs 2), 3), 5), 7) of paragraph 36 of the Rules shall not be carried out, except for the operation for crediting securities (claim rights for obligations of the issuer on issuance securities) to the personal account of the registered person, before the registered person submits to the central depository:
1) an identity card or an electronic document from the digital document service (for identification) (for an individual);
2) documents specified in subparagraphs 2) and 3) of paragraph 13 of the Rules (for a legal entity).
Footnote. Paragraph 43 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 13.12.2021 № 104 (shall come into effect ten calendar days after the day of its first official publication).44. The operation to change the information about the registered person, unit investment fund or the management company of the unit investment fund contained in the personal account shall be carried out by the central depository based on documents confirming these changes, and (or) information received from the registered person, the management company unit investment fund, in the manner determined by the set of rules of the central depository.
The operation to change the information contained in the personal account about the registered person who is the holder of shares (except for information about changing the last name, first name, patronymic (if any) of an individual and (or) the name of a legal entity) shall be carried out based on documents of a registered person, confirming these changes, transferred to the central depository by the management company, if it is provided for by the rules of the mutual investment fund, in the manner determined by the set of rules of the central depository.
The requirements of this paragraph shall not apply to cases of changes in information about a registered person, a unit investment fund or the management company of a unit investment fund, as provided for in paragraph 4-1 of the Rules.
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 dated 21.09.2020 № 84 (shall come into effect ten calendar days after the day of its first official publication).45. Operations on debiting (crediting) securities (claim rights under the obligations of the issuer on equity securities) from (to) personal accounts of registered persons shall be carried out by the central depository upon receipt of counter orders to register a transaction with equity securities (claim rights under the obligations of the issuer on emissive securities) and other documents required for this transaction in accordance with the Rules and legislation of the Republic of Kazakhstan on the securities market, except for the cases established by paragraphs 47, 49, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64, 73, 74 and 77 of the Rules.
If, in accordance with Article 72-1 of the Law on the Securities Market, Article 17-1 of the Law of the Republic of Kazakhstan dated August 31, 1995 "On Banks and Banking Activities in the Republic of Kazakhstan", Article 26 of the Law of the Republic of Kazakhstan dated December 18, 2000 "On Insurance activities" of one of the parties to the transaction, its conclusion requires the consent (permission) of the state body authorized to issue such consent (permission), the central depository requests a document confirming the existence of such consent (permission).
The requirement of part two of this paragraph shall also apply to operations conducted by the central depository in the system of registers when transferring securities to trust management.
Footnote. Paragraph 45 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 № 37 (shall come into effect ten calendar days after the day of its first official publication).46. Within three (3) calendar days from the date of receipt of the nominal holder's order to open a nominal holder of a personal account in the register system, the Central Depository shall review the documents provided to the nominal holder by his client to open a personal account in the nominal holding accounting system, and an order to open a personal account for the owner of securities in the register system, which was a client of the nominee in accordance with paragraph 36 of the Rules for Registration of Transactions with Equity Securities, assignment of rights of claim on issuers' obligations under equity securities in the central depository accounting system, providing an extract from the personal account of a registered person in the accounting system of the central depository and (or) in the system of accounting for nominal holding and provision by the nominal holder of information about clients whose securities shall be in its nominal holding, at the request of the central depository and issuer, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated October 22, 2014 № 210, registered in the Register of state registration of regulatory legal acts under № 9876 (hereinafter referred to as the Rules № 210).
The Central Depository within three (3) calendar days from the date of receipt of the nominal holder's order to write off securities (rights of claim under the Issuer's obligations under equity securities) from the account of the nominal holder opened in the central depository accounting system, for the purpose of their subsequent crediting to the personal account opened with the client of the nominal holder in the register system, credits to the personal account opened in the register system to the owner of securities who was the client of the nominal holder, securities belonging to him (rights of claim under the Issuer's obligations under equity securities), and debits the securities (rights of claim under the Issuer's obligations under equity securities) from the personal account opened in the central depository accounting system.
Footnote. Paragraph 46 – 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 06.02.2024 № 10 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).47. In the event of conducting transaction for registration of transfer of ownership on pledged securities (rights of claim under the issuer's obligations with respect to issue-grade securities), in addition to the documents envisaged in Paragraph 45 of the Rules, the pledgee shall provide his/her consent on their alienation, in favour of which the securities have been charged, (rights of claim under the issuer's obligations with respect to issue-grade securities).
In the case the consent, provided by the pledgee for the alienation of securities (rights of claim under the issuer's obligations with respect to issue-grade securities) contains the condition of preservation of pledge, transactions on writing off, crediting and encumbering such securities, (rights of claim under the issuer's obligations with respect to issue-grade securities) shall be conducted, assuming an additional provision of a document confirming the emergence or transfer of rights to the pledge.
48. Operations to write off from the personal accounts of registered persons the shares of second-tier banks (hereinafter referred to as Banks) belonging to them, subject to compulsory redemption in accordance with paragraph 6 of Article 16 of the Law of the Republic of Kazakhstan dated August 31, 1995 "On banks and banking activities in the Republic of Kazakhstan" (hereinafter referred to as the Law on Banks and Banking Activities) and crediting these shares to the account of the authorized body, shall be registered based on a decision of the authorized body adopted in the manner determined by the Rules for the compulsory buyout of bank shares and their mandatory subsequent sale to investors, approved by a resolution of the Board of the National Bank of the Republic of Kazakhstan dated May 2, 2019 № 70, registered in the State Register of Normative Legal Acts under № 18669.
Footnote. Paragraph 48 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 31, 2019 № 262 (shall come into effect from 01.01.2020).49. The operation of making entries on the conversion of securities and other monetary obligations to the issuer's creditors into its ordinary shares shall be carried out by the central depository upon submission by the issuer of a copy of the notification of the authorized body on the conversion performed by the issuer, and a copy of one of the following documents:
1) prospectus for the issue of the issuer's securities convertible into common shares of the issuer;
2) a bank restructuring plan adopted in accordance with the procedure prescribed by the banking legislation of the Republic of Kazakhstan;
3) a rehabilitation plan, if the issuer is an insolvent debtor, adopted in the manner prescribed by the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.
The central depository shall carry out the operation of making entries on the conversion of the issuer's securities owned by registered persons into its common shares by writing off securities from the personal accounts of registered persons and crediting them to the issuer's personal account for accounting for repurchased securities, and by writing off common shares from the personal account the issuer's accounts for recording declared securities and their crediting to the personal accounts of registered persons on the basis of the issuer's order to make entries on the conversion of securities.
The central depository shall carry out the operation of making entries on the conversion of monetary obligations to the issuer's creditors into its common shares by writing off common shares from the issuer's personal account to account for announced or repurchased securities and crediting them to personal accounts opened for the issuer's creditors in accordance with paragraphs 12 and 13 Rules, based on the issuer’s order to make entries on the conversion of monetary obligations.
After carrying out operations on a personal account related to the conversion of securities and monetary obligations to the creditors of the issuer into its common shares, the central depository shall send it a notification about this within 1 (one) working day.
Bonds credited to the issuer's personal account for accounting for repurchased securities in connection with their conversion shall be canceled by the central depository on the basis of an electronic message about the cancellation of the bond issue in the state register of issue-grade securities or a copy of the certificate of cancellation of the bond issue.
Footnote. Paragraph 49 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).50. The transaction on making records on converting securities and other monetary obligations to the issuer's creditors in its ordinary shares on securities, the sole holder of which is a subsidiary of the authorized body, which activities are aimed at improving the stability of second-tier banks (hereinafter referred to as the Organization), shall be carried out based on notification of the Organization.
When converting securities and other monetary obligations to the issuer's creditors into its ordinary shares, the documents specified in paragraph 49 of the Rules shall not be provided.
51. Transactions on crediting securities (rights of claim under the issuer's obligations with respect to issue-grade securities) to a personal account of a registered person, opened in accordance with Subparagraph 1) of Paragraph 15 of the Rules, shall be conducted by the central securities depository on the basis of the order of the nominal holder, specified in Subparagraph 1) of Paragraph 15 of the Rules for debiting securities (rights of claim under the issuer's obligations with respect to issue-grade securities) from the personal account.
52. The operation of making entries on the exchange of outstanding shares of the issuer of one type for shares of this issuer of another type shall be carried out by the central depository based on the copies of the decision of the general meeting of shareholders of the issuer on the exchange of outstanding shares of one type for shares of another type, copies of changes and (or) additions submitted by the issuer in the prospectus for the issue of shares, which defines the conditions, term and procedure for the exchange, copies of a new certificate of state registration of the issue of authorized shares and the issuer's order to make entries on the exchange of outstanding shares by:
1) writing off the shares to be exchanged from the personal accounts of registered persons and from the personal account of the issuer to account for repurchased securities and credit them to the personal account of the issuer to account for declared securities;
2) writing off the shares for which the placed shares are exchanged, in the proportion according to which the exchange is carried out, from the personal account of the issuer for accounting for declared securities and (or) from the personal account for accounting for repurchased securities to the personal accounts of registered persons whose shares are subject to exchange, as well as write-offs of shares for which the shares repurchased by the issuer are exchanged, in the proportion according to which the exchange is carried out, from the issuer's account for accounting for declared securities and crediting them to the issuer's account for accounting for repurchased securities.
After carrying out transactions on a personal account related to the exchange of placed shares of an issuer of one type for shares of this issuer of another type, the central depository shall send a notification to the issuer within 1 (one) working day.
Footnote. Paragraph 52 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 № 37 (shall come into effect ten calendar days after the day of its first official publication).53. The following transactions shall be carried out on the issuer's personal account for accounting the issue-grade securities unclaimed by their holders:
1) crediting of placed securities, unclaimed by their holders, on the basis of an order submitted by the issuer and a list of persons who have placed unclaimed issue-grade securities;
2) write-off of issue-grade securities and crediting to the personal account of the holder of securities on the basis of counter orders of the issuer and the person on whose personal account the securities are credited, in accordance with the previously submitted list;
3) write-off of issue-grade securities and crediting to the issuer's personal account for accounting of the repurchased securities on the basis of an order of the issuer, that restructured it in accordance with the Law On Banks and Banking Activities and the relevant court decision, recognizing the issuer's ownership rights to unclaimed securities within the framework of the restructuring of the issuer (in the event that such right is not provided for by the restructuring plan of the issuer).
54. If the issuer has completed the restructuring process carried out in accordance with the Law on Banks and Banking Activities, the transaction on crediting the issuer's securities, issued under this restructuring and unclaimed by their holders before the end of the restructuring process to the issuer's personal account for accounting of the repurchased securities shall be carried out by the central securities depository, on the basis of the order of the issuer and the relevant court decision on the recognition of the issuer's ownership of these securities (in the event that such right is not provided for by the issuer’s restructuring plan).
55. The transaction of crediting securities issued as part of the restructuring of the issuer, carried out in accordance with the Law on Banks and Banking Activities, to personal accounts of holders shall be conducted on the basis of an order of the issuer, if there is a plan for restructuring the issuer after debiting the issuer's securities from the personal accounts of the holders, annulled in connection with the restructuring process of the issuer.
56. The central depository shall carry out the operation on the split-up of shares on the basis of copies of the certificate of state registration of the issue of authorized shares submitted by the issuer and a covering letter issued to the issuer by the authorized body, containing an indication that the increase in the number of authorized shares was carried out by splitting, as well as an order of the issuer for splitting shares and their distribution among the personal accounts of registered persons by transferring shares from the personal account of the issuer for accounting for declared securities to the personal accounts of registered persons.
Conducting the operation on split-up of shares provides for the increase in the number of shares of the issuer pledged and (or) in trust management in the appropriate proportion.
Footnote. Paragraph 56 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).57. Excluded by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 24.02.2021 № 37 (shall come into effect ten calendar days after the day of its first official publication).
58. The transaction to write off (credit) securities from (to) personal accounts of registered persons upon reorganization of joint-stock companies shall be carried out in the manner specified in Paragraphs 59, 60, 61 and Paragraph 62 of the Rules.
During the reorganization of joint-stock companies, transactions to write off (credit) securities from (to) personal accounts of registered persons whose rights are burdened and (or) held in trust management shall be carried out with preservation of burden and trust management.
59. The transaction on debiting (crediting) securities from (to) personal accounts of registered persons during the reorganization of joint-stock companies in the form of a merger shall be carried out by the central securities depository, by writing off shares from the personal account of the issuer for accounting the declared securities and their crediting to the personal accounts of registered persons of reorganized joint stock companies, after cancellation of the share issue of reorganized joint stock companies on the basis of the following documents:
1) resolutions of the general meeting of shareholders of reorganized joint-stock companies;
2) merger agreement;
3) the permission of the authorized body to conduct a voluntary reorganization of the joint-stock company, if such reorganization requires the permission of the authorized body in accordance with the banking legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance activities, the securities market, and pensions;
4) the order of the newly formed joint-stock company.
60. The transaction of writing off (crediting) securities from (to) personal accounts of registered persons upon reorganization of joint-stock companies in the form of merging the joint-stock company to another joint-stock company, shall be conducted by the central securities depository on the basis of the resolution of the general meeting of shareholders of the reorganized joint-stock companies, merger agreement, the permission of the authorized body to conduct a voluntary reorganization of the joint-stock company, if such reorganization requires the permission of an authorized body, in accordance with the banking legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance activities, the securities market, pensions, and the order of the joint-stock company to which the merger is carried out, by:
debiting the shares of the merged company from the personal accounts of registered persons and crediting them to the personal account of the joint-stock company to which the merger is carried out, with their subsequent cancellation;
debiting the shares of the joint-stock company to which the merger is made from the issuer's personal account for accounting of the declared securities and/or from the personal account of the issuer to record repurchased securities and crediting them to the personal accounts of registered persons who previously were holders of shares of the affiliated joint-stock company.
61. The transaction of debiting (crediting) securities from (to) personal accounts of registered persons upon reorganization of a joint-stock company in the form of separation shall be carried out by the central securities depository by writing off shares from the personal account of issuers for accounting of the declared securities and crediting them to the personal accounts of registered persons of the reorganized company after the cancellation of the share issue of the company on the basis of the following documents:
1) decisions of the general meeting of shareholders;
2) separation balance sheet;
3) the permission of the authorized body to conduct a voluntary reorganization of the joint-stock company, if such reorganization requires the permission of the authorized body in accordance with the banking legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance activities, the securities market, and pensions;
4) orders of joint-stock companies formed as a result of separation.
62. A transaction for debiting (crediting) securities from (to) personal accounts of registered persons upon reorganization of a joint stock company in the form of spin-off shall be carried out by the central securities depository on the basis of:
1) decisions of the general meeting of shareholders on the spin-off;
2) the separation balance sheet, the permission of the authorized body to conduct a voluntary reorganization of the joint stock company, if such reorganization requires the permission of the authorized body in accordance with the banking legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance activities, the securities market, and pension insurance;
3) the order (orders) of the newly formed joint-stock company (-ies).
63. In the event a decision is taken on the acquisition by the Government of the Republic of Kazakhstan or by the national managing holding of declared bank shares, the central securities depository shall conduct the following:
1) the transaction of crediting securities to the issuer's personal account for accounting of the declared shares on the basis of a notification to the authorized body to increase the number of declared shares of the bank and a copy of the certificate of state registration (re-registration);
2) a transaction to write off declared shares from the issuer's account for accounting of the declared shares and a transaction to credit these shares to the account of a state body authorized by the Government of the Republic of Kazakhstan, to dispose of republican state property, or the national managing holdingб based on a copy of the decision of the Government of the Republic of Kazakhstan.
64. In the case of inheritance of securities (rights of claim under the issuer's obligations with respect to issue-grade securities), the central securities depository shall conduct a transaction to write off (credit) securities (rights of claim under the issuer's obligations with respect to issue-grade securities) from (on) personal accounts of registered persons on the basis of the relevant order, issued by the heir or his representative, the original or a notarized copy of the certificate of inheritance rights, documents confirming the authority of the representative of the heir, and the documents referred to in Paragraphs 12 and 13 of the Rules, if the heir does not have a personal account in the registry system.
65. Restrictions on rights to securities (rights of claim under the issuer's obligations with respect to issue-grade securities) with a view to the obligation of the holder of securities (rights of claims under the issuer's obligations with respect to issue-grade securities), shall be carried out by the central securities depository via the encumbrance transaction, on the basis of counter-orders on encumbering the holder of securities (rights of claim under the issuer's obligations with respect to issue-grade securities), whose securities, (rights of claim under the issuer's obligations with respect to issue-grade securities) are encumbered and the registered person in whose favour they are encumbered, and the original or copy of the contract providing for the encumbrance of securities, with the exception of the transactions provided for in paragraphs 47, 67 and 77 of the Rules.
The central securities depository shall conduct the transaction on release of securities (rights of claim under the issuer's obligations with respect to issue-grade securities) in the registry system on the basis of counter-orders on release of encumbrances of the persons involved in the transaction, with the exception of transactions provided by paragraphs 67 and 77 of the Rules.
66. The operation to register the transfer of rights to pledged securities (rights to claim under the obligations of the issuer on emissive securities) to another person as a result of the assignment of rights to claim on these securities shall be carried out by the central depository based on the following documents:
1) an order of the pledgee to register the assignment of the claim rights on securities (claim rights on the obligations of the issuer on issuance securities);
2) an order of a new pledgee to register the assignment of claim rights on securities (claim rights on the obligations of the issuer on issuance securities);
3) a copy of the document confirming the transfer of the claim rights on the pledged securities (the claim rights on the obligations of the issuer on issuance securities) to a new pledgee;
4) consent of the pledger to the transfer of claim rights on pledged securities (claim rights on the obligations of the issuer on issuance securities), provided in paper form or the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature or other electronic-digital form using dynamic and (or) biometric identification of the client if such consent is provided for by the legislative acts of the Republic of Kazakhstan or the pledge agreement.
Footnote. Paragraph 66 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).67. In cases stipulated by the civil legislation of the Republic of Kazakhstan and the pledge agreement, if the pledger fails to fulfil or improperly fulfil the obligations secured by the pledge of rights under the issue-grade securities, (rights of claim under the issuer's obligations with respect to issue-grade securities), (of the rights of claims under the issuer's obligations with respect to issue-grade securities), the pledgee (the pledgee’s authorized representative) shall provide the central securities depository with a notification of non-fulfilment of obligations by the pledger.
In case the pledger does not meet the requirements arising from the notification, not earlier than thirty (30) calendar days from the date of its sending to the pledger, the pledgee (the pledgee’s authorized representative) shall provide the central securities depository with a notification of the bidding for the pledged securities, (rights of claim under the issuer’s obligations with respect to issue-grade securities).
The registration of the transfer of rights to pledged securities (rights of claim under the issuer's obligations with respect to issue-grade securities) as a result of their out-of-court sale shall be carried out by the central securities depository upon the availability of the notifications specified in parts one and two of this paragraph, on the basis of the following documents:
the order of the pledgee (authorized representative of the pledgee) to release the encumbrance;
counter orders of the pledgee (authorized person of the pledgee) to debit securities from the personal account of the pledger (rights of claims under the issuer's obligations with respect to issue-grade securities) and the acquirer on crediting securities to his/her personal accounts (rights of claims under the issuer's obligations with respect to issue-grade securities);
the order of the pledgee (authorized person of the pledgee) for crediting securities to the personal account of the pledgee, (rights of claims under the issuer's obligations with respect to issue-grade securities) when the securities are appropriated by the pledgee (rights of claims under the issuer's obligations with respect to issue-grade securities), which are pledged, in case of declaration of a bidding process void;
a copy of the document confirming the publication of the bidding announcement in periodicals distributed in the territory of the Republic of Kazakhstan;
copies of documents confirming the delivery of the above notifications to the pledger or sending them by registered letters to the address indicated in the pledge agreement;
a copy of the document on the results of the bidding (on declaration of a bidding process void).
68. The transaction on blocking securities (rights of claim under the issuer's obligations with respect to issue-grade securities) and unblocking shall be carried out by the central securities depository in the registry system on the basis of acts of state bodies and persons with such right in accordance with the Law on Enforcement Procedure.
In cases stipulated by the Law on Counteracting Money Laundering, the operation to freeze securities (rights of claim under the issuer's obligations with respect to issue-grade securities) and unblocking in the registry system shall be conducted by the central securities depository on the basis of a list of organizations and individuals involved in the financing of terrorism and extremism.
When blocking on the grounds provided by the Law on Counteracting Money Laundering, a notification shall be sent to the state body that conducts financial monitoring and takes other measures to counter legalization (laundering) of criminally obtained income and the financing of terrorism in accordance with the Law on Counteracting Money Laundering.
69. The registration of the assignment of rights of claim under the issuer's obligations or fulfilment of obligations by the issuer with respect to issue-grade securities, the circulation period of which has expired and the issuer failed to fulfil obligations on their redemption, shall be carried out by the central securities depository by writing off the rights of the issuer for these securities from the personal account of the registered person, who assigns the right of claim and crediting to the personal account of the person, in whose favour the assignment of rights of claim under the issuer's obligations with respect to these securities, or the issuer's personal account for accounting the repurchased rights of claim under the issuer's obligations with respect to issue-grade securities, on the basis of counter-orders of persons participating in the transaction. The order for debiting (crediting) the rights of claim under the issuer's obligations with respect to issue-grade securities from (to) personal accounts of registered persons shall contain the information provided by Paragraph 38 of the Rules.
Within 1 (one) business day after the registration in the registry system of the assignment of rights of claim under the issuer's obligations with respect to issue-grade securities, or after the registration of assignment of rights of claim under the issuer's obligations with respect to issue-grade securities in the nominee holding system, the central securities depository shall send to the issuer the notification on performed transactions with the indication of information about the registered person, in whose favour the assignment of rights of claim has been made.
70. The transaction on making an entry on the trustee shall be conducted by the central securities depository based on counter-orders of the founder of the trust management and the trustee on making a record of the trustee in the personal account of the founder of the trust management and trust agreement.
Removal of the record on a trustee shall be conducted by the central securities depository on the basis of counter orders to remove the trustee record given by the trust manager and the trustee, except for cases of termination of the trust management agreement in connection with:
death of the citizen - the trustee, declaring him/her dead, declaring him/her incompetent or partially capable, missing, liquidation of the legal entity of the trustee - on the basis of notification of the trustor;
the refusal of the trustor in connection with the impossibility for the trustee to personally manage the trusted assets - on the basis of the notification of the trustor;
the refusal of the trustee in connection with the impossibility for the trustee to personally manage the entrusted property - on the basis of the notification of the trustee;
the founder’s refusal to perform the contract, subject to the payment of losses and remuneration to the trustee, if it was provided by the contract, on the basis of the notification of the trustee;
the refusal of the trustee in the case of not informing him/her of the transfer to the management of the encumbered property with payment of remuneration to it, if it was provided by the contract - on the basis of the notification of the trustee.
The transaction on making or removal of entries on the trustee shall not be carried out by the central securities depository on the personal account of the management company of the mutual investment fund for accounting of the placed shares of the mutual investment fund.
71. When the trust property management agreement expires (unless otherwise provided by the property trust management agreement or the civil legislation of the Republic of Kazakhstan), deletion of the fiduciary record shall be conducted by the central securities depository on the basis of the notification of the trustor or property owner and the property trust management agreement.
72. When establishing a trust management of shares of a financial institution in the events, stipulated by Paragraph 3 of Article 47-1 of the Law on Banks and Banking Activities, Paragraph 3 of Article 53-4 of the Law of the Republic of Kazakhstan of December 18, 2000 on Insurance and Insurance Activities), Paragraph 3 of Article 72-3 of the Law on the Securities Market, the central securities depository shall conduct the transaction on making an entry on the trustee to the personal account of the registered person, who is the owner of the shares of the financial organization, on the basis of the decision of the authorized body to establish the trust management of the shares of the financial organization, and the order of the trustee to make an entry on the trustee to the personal account of this registered person.
In case of sale of shares of a financial organization transferred to trust management, the central securities depository shall conduct transactions for debiting these shares from the personal account of the registered person, who was their owner and crediting them on the personal account (accounts) of the acquirer of these shares, on the basis of the order of the trustee and a document, confirming the consent of the authorized body to acquire the status of a major member of a financial organization (of banking or insurance holding), in cases stipulated by Article 17-1 of the Law on Banks and Banking Activities, Article 26 of the Law on Insurance Activities, and Article 72-1 of the Law on the Securities Market.
The transaction to remove an entry of the trustee from the personal account of a registered person who owns shares of a financial organization transferred into trust management shall be conducted by the central securities depository on the basis of an order of the trustee to remove an entry of the trustee from the personal account of this person.
73. When cancelling a share issue, the central securities depository, after receiving the relevant notification from the authorized body about the cancellation of the share issue, shall conduct a single write-off of shares from the personal accounts of their holders and personal accounts of the issuer.
The maintenance of the registry system shall be terminated in case of cancellation of the share issue, liquidation or reorganization of the issuer.
74. When redeeming bonds (Islamic securities), the central depository shall conduct the operation of writing off bonds (Islamic securities) from the personal accounts of their holders and crediting them to the personal account of the issuer for recording the repurchased securities within the time limits determined by the set of rules of the central depository, on the basis:
1) notifications to the issuer of instruments (originator), who has a license to carry out bank transfer operations, about the fulfillment of its obligations to repay instruments independently without using the service of a paying agent of the central depository and a list of instrument holders indicating the amount of payment for each instrument holder; or
2) payments by the central depository to bondholders.
Footnote. Paragraph 74 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).75. The transaction on closing a personal account shall be conducted by the central securities depository on the basis of the order to close the personal account. When closing a personal account, the client shall be provided with a corresponding notification in the form established by the set of rules of the central securities depository.
The transaction to close the personal accounts of legal entities in respect of which the bankruptcy or liquidation procedure has been completed and in the absence of such securities in such personal accounts shall be carried out on the basis of information from the National Register of Business Identification Numbers confirming the termination of the activities of the legal entity.
The transaction to close the personal accounts of individuals recognized as dead or declared dead and in the absence of securities on such personal accounts shall be conducted on the basis of a death certificate and (or) a relevant court decision.
76. If the issuer fails to comply with the requirements of paragraph 4-1 of the Rules for the activities of a paying agent, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 2, 2003 № 409, registered in the Register of State Registration of Normative Legal Acts under № 2632, as well as in the event of failure by the issuer holding a license to carry out bank transfer operations to the central depository after 3 (three) working days after the date of fulfillment of obligations to redeem the issued securities, determined by the prospectus of this issue of securities, a notice confirming the issuer’s fulfillment of all its obligations to redeem the issue-grade securities of this issue, the central depositary shall send the issuer a request to submit a corresponding notification confirming the fulfillment (non-fulfillment) by the issuer of all its obligations to redeem the issue-grade securities of this issue.
Footnote. Paragraph 76 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).77. After receiving information about non-fulfillment of obligations to repay issue-grade securities specified in paragraph 76 of the Rules, the central depositary shall write off issue-grade securities of this issue from the personal accounts of all their holders and credits them to the personal account of the issuer, opened for recording issue-grade securities, circulation period which have expired. At the same time, the central depository shall credit the rights of claim under the issuer's obligations under issue-grade securities to those personal accounts of holders from which issue-grade securities are written off, the circulation period of which has expired and for which the issuer has not fulfilled its obligations to repay them, preserving the obligations arising under these securities (encumbrance, trust management).
If there are issue-grade securities whose circulation period has expired on the issuer's personal accounts for accounting for declared securities and for accounting for repurchased securities opened in the nominal holding accounting system, the central depositary shall write them off and credit them to the issuer's personal accounts for accounting for declared securities and for accounting for repurchased securities opened in the system of registers of securities holders.
Footnote. Paragraph 77 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).78. Within 3 (three) calendar days after the date of all transactions specified in paragraph 77 of the Rules, the central depository shall send relevant notifications (reports) to the issuer, trustees, state bodies and (or) authorized persons, on the basis of whose acts the operations were carried out to block securities, as well as to persons in whose favor the encumbrance of securities was carried out, the circulation period of which has expired and for which the issuer has not fulfilled its obligations to repay them.
Notification of holders about the transactions specified in paragraph 77 of the Rules shall be carried out by the central depository by posting relevant information on its Internet resource within the time limits established by part one of this paragraph.
Footnote. Paragraph 78 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).79. Excluded by the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
80. When the issuer fulfils its obligations to the holder of the rights of claim with respect to issue-grade securities, the circulation period of which has expired, the central securities depository shall conduct a transaction to write off the claim rights for such securities from the account of their holder and credit it to the issuer's personal account to record the redeemed claims under the issuer’s obligations with respect to issue-grade securities, in accordance with the procedure established by Paragraph 45 of the Rules, if there is a notification of the issuer, confirming the fulfilment of obligations with respect to such securities.
81. When canceling a bond issue, the central depository, after receiving an electronic message about the cancellation of the bond issue in the state register of issue-grade securities or a copy of the certificate of the authorized body on the cancellation of the bond issue, shall carry out operations for a one-time write-off of such bonds from the personal accounts of the issuer.
When canceling a bond issue whose circulation period has expired, the central depository, after receiving an electronic message about the cancellation of the bond issue in the state register of issue-grade securities or a copy of the certificate of cancellation of such a bond issue issued by the authorized body, shall carry out operations to write off the bonds from the issuer’s personal account for accounting issue-grade securities whose circulation period has expired, and rights of claim on such bonds from the issuer’s personal account to account for redeemed rights of claim under the issuer’s obligations on issue-grade securities.
Cancellation of the identifier of rights of claim for the issuer's obligations under issue-grade securities shall be carried out by the central depository in accordance with the set of rules of the central depository, subject to one of the following conditions:
1) all rights of claim under the issuer's obligations under issue-grade securities have been purchased by the issuer;
2) upon liquidation of the issuer, on the basis of a document confirming the termination of the activities of the legal entity and its exclusion from the National Register of Business Identification Numbers.
Footnote. Paragraph 81 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).82. An information transaction shall be carried out by the central depository based on a written order or order of the issuer, an order of a registered person, a custodian of a unit investment fund or requests from state bodies, in cases provided for by the legislation of the Republic of Kazakhstan on the securities market.
In cases provided for by the set of rules of the central depository, the issuer's order, and the order of the registered person shall be drawn up and transmitted in the form of electronic documents using information systems in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature or other electronic digital form using dynamic and (or) biometric identification of the client.
Footnote. Paragraph 82 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).83. The procedure for the appeals of a minority shareholder and the dissemination of information by the central securities depository to other minority shareholders of this joint stock company in case of a merger of minority shareholders with other shareholders, when making decisions on matters submitted for consideration by the general meeting of shareholders shall be established by the set of rules of the central securities depository, specifying the period, during which the central securities depository notifies other minority shareholders, as well as the means of notification.
84. The compilation of a register of securities holders or a list of shareholders for accrual of income on securities, holding a general meeting of shareholders, and preparing a certificate of holders owning ten or more per cent of shares shall be carried out by the central depository at the beginning of the date (00 hours 00 minutes) specified in the issuer's order. In other cases, the compilation of a register of securities holders, a list of shareholders and (or) preparation of other information from the registry system shall be carried out by the central depository based on a written request (document in electronic digital form) of persons entitled to receive such information in accordance with the legislation of the Republic of Kazakhstan on the securities market, on the date and time specified in the request.
When compiling a register of securities holders, a list of shareholders or an extract from a personal account, as well as when providing other information from the registry system, the time of the time zone in which the head office of the central depository is located shall be used.
Footnote. Paragraph 84 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).85. The register of securities holders shall be compiled in accordance with the form established by the set of rules of the central securities depository and shall contain the following information:
1) name of the issuer in the Kazakh or Russian languages, its location, number and date of state registration (re-registration) of a legal entity, BIN (if available);
2) the name of the mutual investment fund;
3) the number of declared securities;
4) the number of placed securities;
5) the number of securities (rights of claim under the issuer's obligations with respect to issue-grade securities) repurchased by the issuer;
6) the number of rights of claim under the issuer's obligations with respect to issue-grade securities, in case the register is compiled with regard to the rights of claim under the issuer's obligations with respect to issue-grade securities;
7) the type and international securities identification number (ISIN code) of the securities, the identifier of the rights of claim under the issuer's obligations with respect to issue-grade securities;
8) a list of holders of securities, including the holders of depository receipts, details of which are disclosed in the accounting system of nominal holding, containing the following information:
the name of legal entities - holders of securities with the indication of the number and date of their state registration (re-registration);
Full name of the holders of securities (rights of claim under the issuer's obligations with respect to issue-grade securities), indicating the name and details of the document certifying the identity of the holder of the securities - an individual;
the number of securities (rights of claim under the issuer’s obligations with respect to issue-grade securities) belonging to their holder, indicating the number of encumbered and (or) blocked securities (rights of claim under the issuer's obligations with respect to issue-grade securities) and (or) transferred to trust management;
the percentage of the number of securities owned by the holder of securities to the number of outstanding and (or) voting securities of the issuer;
9) the date and time as of which the register of holders of securities has been compiled.
The register of securities holders shall be signed by authorized persons, determined by the set of rules of the central securities depository and shall be affixed with a stamp of the central securities depository with its name, both in the Kazakh and Russian languages.
86. The drawing up by the central securities depository and the transfer of documents specified in Paragraphs 85, 88, 89 and 90 of the Rules shall also be allowed in the form of electronic documents with the application of information systems in compliance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature.
87. The information specified in subparagraphs 3) and 5) of paragraph 85 of the Rules shall not be specified in the register of holders of shares of a mutual investment fund.
88. A certificate of major shareholders of the issuer shall be compiled in the form pursuant to the set of rules of the central securities depository and shall contain the following information:
1) name of the issuer in Kazakh or Russian languages, its location, number and date of state registration (re-registration) of a legal entity, BIN (if available);
2) the number of authorized shares;
3) the number of shares placed;
4) the number of shares repurchased by the issuer;
5) type and international securities identification number (ISIN code) of shares;
6) a list of shareholders, including holders of securities depository receipts, information about which is disclosed in the nominal holding accounting system, which owns 10 (ten) or more percent of the voting shares of the joint stock company, containing the following information:
name of legal entities - shareholders with the number and date of their state registration (re-registration);
full names of the shareholders with the name and details of the document certifying the identity of the holder of the shares – of an individual;
the number of shares owned by the holder of the shares, indicating the number of encumbered and (or) blocked securities and (or) transferred to trust management;
the percentage of the number of shares owned by the holder of shares to the number of outstanding shares of the issuer;
the percentage of the number of shares owned by the holder of shares to the number of voting shares of the issuer;
7) the date and time as of which the certificate of major shareholders has been compiled.
The certificate of the major shareholders of the issuer shall be signed by authorized persons, determined by the set of rules of the central depository rules, and shall be affixed with a stamp of the central securities depository with its name both in the Kazakh and Russian languages.
89. The list of shareholders for the General Meeting of Shareholders shall be drawn up in accordance with the Code of Rules of the Central Depository and contains the following information:
1) name of the Issuer in Kazakh or Russian, its location, number and date of state registration (re-registration) of the legal entity, BIN (if any);
2) number of authorized shares;
3) the number of outstanding shares;
4) number of shares repurchased by the Issuer;
5) type and international identification number (ISIN code) of shares;
6) a list of shareholders, including owners of depositary receipts, information about which shall be disclosed in the nominal holding accounting system, indicating:
names of legal entities - shareholders, numbers and dates of their state registration (re-registration);
names, patronymics (if any) of individual shareholders, names and details of the identification document of the individual shareholder;
the number of shares owned by the shareholder, indicating the number of encumbered and/or blocked shares;
the number of voting common shares owned by the shareholder;
the number of preferred shares held by the shareholder;
7) the number of shares registered in the system of registers held in nominal holding and owned by the owner, information about which is not available in the system of accounting for nominal holding;
8) the purpose of compiling a list of shareholders;
9) date and time as of which the list of shareholders has been drawn up.
The list of shareholders for calculating income on securities shall be compiled in accordance with the Code of Rules of the Central Depository and shall contain information on the bank details of shareholders and information on the availability of tax benefits provided to the shareholder in accordance with the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget" (Tax Code), if this information is available from the central depository.
The list of shareholders, indicating their ultimate owners, shall include information received by the central depository in response to a request sent in accordance with paragraph 53-1 of Rules № 210 or the information that shall be available in the accounting system of the central depository, if it does not receive information in response to the specified request in a timely manner.
The list of shareholders for other purposes additionally shall include information requested by the issuer.
The list of shareholders shall be signed by authorized individuals defined by the code of rules of the central depository and certified by the stamp of the central depository with its name in Kazakh and Russian.
Footnote. Paragraph 89 – 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 06.02.2024 № 10 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).90. An extract from the personal account of the holder of securities shall be drawn up in accordance with the form approved by the set of rules of the central securities depository, and signed by the authorized persons of the central securities depository.
91. The term of the operation in the registry system shall be calculated from the day following the day of registration by the central depository of the submitted documents (including documents received from the organization providing transfer agent services).
Registration of the documents specified in this paragraph shall be carried out on the day they are received by the central depository. In case of simultaneous acceptance of documents for carrying out several operations within the framework of one personal account of the holder of securities, subject to execution in strict sequence (under which the execution of one operation is not possible without the preliminary performance of another operation), the period for the subsequent operation shall be calculated from the moment of execution of the previous operation.
Footnote. Paragraph 91 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 № 37 (shall come into effect ten calendar days after the day of its first official publication).92. The time of registration of a transaction in the registry system shall be the time when the central securities depository takes the actions specified in the order for registration of a securities transaction, if there are no grounds for refusing to execute it.
93. The operaton on a personal account and information operations shall be carried out by the central depository within 3 (three) calendar days, with the exception of operations:
1) upon crediting shares to the personal account of the acquirer within the time limits established by paragraph 6 of Article 23 of the Law of the Republic of Kazakhstan “On Investment and Venture Funds”;
2) specified in paragraphs 84 and 94 of the Rules;
3) requiring additional verification of the conditions for their implementation, and such operations are carried out within up to 6 (six) working days.
Footnote. Paragraph 93 in the wording of the resolution of the Board of the Agency of the Republic of Kazakhstan on Regulation and Development of the Financial Market dated 28.10.2022 № 84 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).94. Except as provided in the second, third and fourth parts of this Paragraph, the issuance of the register of securities holders or the list of shareholders shall be carried out by the central depository within twenty-four hours from the date of receipt of the order from the issuer to issue the register of securities holders or the list of shareholders, provided that the order shall be submitted not earlier than the date on which the register of securities holders or the list of shareholders shall be drawn up.
If the central depository has sent requests to nominee holders to disclose information about their clients in accordance with paragraph 52 of Rules № 210, the issuance of a register of holders of securities or a list of shareholders for holding a general meeting of shareholders or submitting other information about shareholders whose securities are in nominal holding is carried out by the central depository within 15 (fifteen) working days from the date of receipt of the relevant order of the issuer or the request of the authorized body.
If the central depository sent requests for disclosure of information about the ultimate owners of securities in accordance with Paragraph 53-1 of Rules № 210, the issuance of a list of shareholders indicating their ultimate owners is carried out by the central depository within 15 (fifteen) working days from the date of receipt of the request of the authorized body or issuer to provide the specified list.
If the issuer's request indicates a future date for the formation of a list or register or other information about shareholders, the period is counted from the date on which the register of securities holders or the list of shareholders is drawn up.
Footnote. Paragraph 94 – 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 06.02.2024 № 10 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).95. In the absence of grounds for refusal to execute an order of a client, the central securities depository, within the terms established by Paragraph 93 of the Rules, shall generate a report on the execution of the order and shall record it in the journal of outgoing documents.
A report on the execution of orders shall be sent to the client by mail or shall be issued to the client, or his legal representative, or compiled and issued in the form of an electronic document with the application of information systems in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature.
The report on the execution of orders shall be signed by authorized persons, determined by the set of rules of the central securities depository, and affixed with a stamp of the central securities depository with its name both in the Kazakh and Russian languages.
96. The Central Securities Depository, within 2 (two) working days after the date of receipt of the order, issues a written refusal indicating the reasons for its non-fulfilment in the following cases:
1) non-compliance of signatures on orders with the signature samples specified in a document containing notarized signature samples of representatives of a legal entity who have the right to sign documents for registration of transactions on personal accounts and information transactions, or a document proving the identity of an individual;
2) failure to submit within 2 (two) calendar days from the date of receipt of the order to perform a counter order operation;
3) failure to submit, in accordance with the procedure established by paragraph 38 of the Rules, confirmation of the custodian, which ensures accounting of the assets of the unit investment fund, simultaneously (within one working day) with the order of the management company to write off (credit) the shares;
4) non-compliance of the details of orders with the details established by the set of rules of the central depository, or with the details of the personal account;
5) lack of the required number of securities in the personal account;
6) violation of the legislation of the Republic of Kazakhstan as a result of the conclusion of a transaction, based on the data of the registry system;
7) failure by the client to submit, within the period established for registration of the transaction, a document confirming the consent (permission) to make such a transaction, issued by the state body authorized to issue such consent (permit), in cases provided for by the Rules;
8) there is a decision of the relevant state bodies or a court to suspend or terminate the circulation of securities;
9) if the securities and (or) the personal account specified in the order are blocked, except for the cases specified in paragraph 6-1 of Article 65 of the Law on Enforcement Proceedings;
10) if the securities specified in the order are burdened, except for the transactions provided for by paragraphs 47, 66, 67 and 77 of the Rules;
11) provided for in Article 13 of the Law on Combating Money Laundering;
12) provided by the set of rules of the central depository.
The Central Securities Depository shall refuse to execute the issuer's order in the cases and in the manner prescribed by Article 13 of the Law on Combating Money Laundering.
Refusal to execute the order shall be signed by authorized persons, determined by the set of rules of the central depository, and certified by the stamp of the central depository with its name in Kazakh and Russian, or drawn up and issued in the form of an electronic document using information systems in accordance with the legislation of the Republic of Kazakhstan on electronic document and electronic digital signature.
When preparing a refusal to execute an order for transactions, the conditions for which require additional verification, the preparation of such a refusal shall be carried out within 6 (six) working days.
Footnote. Paragraph 96 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 № 37 (shall come into effect ten calendar days after the day of its first official publication).97. The pledge and trust management operations in the nominal holding system shall be carried out on the basis of orders of depositors.
98. In the case of using a service of the transfer-agent, the clients transfer to the central securities depository the information necessary for conducting information operations and personal account transactions, according to the forms determined by the set of rules of the central depository.
The information stipulated by Paragraphs 85, 89 and 90 of the Rules shall be presented to clients according to the forms designated by the set of rules of the central securities depository.
99. The provision of electronic services by the central depository shall be carried out in accordance with the security procedures established by the set of rules of the central depository and the contract, ensuring:
1) reliable identification of the client and his right to receive the relevant electronic services;
2) identification of the presence of distortions and (or) changes in the content of electronic documents, based on which electronic services are provided to the client;
3) protection against unauthorized access to information constituting a commercial secret in the securities market, and the integrity of this information;
4) storage of electronic documents when providing electronic services, including confirmation of sending and (or) receiving messages, based on which electronic services were provided to the client.
Footnote. The rules are supplemented by paragraph 99, 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).100. Client authentication shall be performed using the client's electronic digital signature and (or) through dynamic and (or) biometric identification of the client.
To enter the personal account and (or) the mobile application, the client shall use the allowed means of authentication.
When providing electronic services to a client, transactions on a personal account and information transactions shall be carried out based on the client's instruction using the client's electronic digital signature and (or) through dynamic and (or) biometric identification of the client.
Footnote. The rules are supplemented by paragraph 100; 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).101. Electronic services shall not be provided by the central depository if the client fails to comply with the security procedures established by the set of rules of the central depository.
Footnote. The rules are supplemented by paragraph 101; 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).102. Upon detection of unauthorized access to information constituting a trade secret in the securities market and personal data of the client, their unauthorized change, unauthorized trading operations, operations on a personal account and information operations arising from the provision of electronic services, the central depository shall take all measures necessary to eliminate their causes and notify the client about this, no later than the next working day after the day they were discovered.
Footnote. The rules are supplemented by paragraph 102, 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 № 95 (shall come into effect ten calendar days after the day of its first official publication).| Annex to resolution № 249 of the Board of the National Bank of the Republic of Kazakhstan of October 29, 2018 |
The list of regulatory legal acts of the Republic of Kazakhstan, as well as structural elements
of certain regulatory legal acts of the Republic of Kazakhstan, declared to be no longer
in force
1. Resolution № 167 of the Board of the National Bank of the Republic of Kazakhstan dated August 27, 2014 "On Approval of the Rules for the Activities of the Registrar to Maintain the Register of Securities Holders", (registered in the Register of State Registration of Regulatory Legal Acts under № 9803, published on November 18, 2014 in Adilet, the information legal system).
2. Paragraph 15 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on the fundamental improvement of conditions for business activities in the Republic of Kazakhstan, which are amended, approved by Resolution № 28 of the Board of the National Bank of the Republic of Kazakhstan of February 25, 2015 "On Amendments to Certain Regulatory Acts Of the Republic of Kazakhstan on the Massive Improvement of Conditions for Entrepreneurial Activity in the Republic of Kazakhstan "(registered in the State Registration of Regulatory Legal Acts under the number 10715, published on May 6, 2015 in Adilet, the information and legal system).
3. Paragraph 7 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on issues of regulation of the securities market, which are subject to amendments and additions, approved by Resolution № 259 of the Board of the National Bank of the Republic of Kazakhstan of October 28, 2016 "On Amendments and Additions to Certain Regulatory Legal Acts of the Republic of Kazakhstan on the Securities Market Regulation "(registered in the Register of State Registration of Regulatory Legal Acts under № 14525, published on December 29, 2016 in Adilet, the information and legal system).
4. Paragraph 3 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on financial market issues, which are amended, approved by Resolution № 72 of the Board of the National Bank of the Republic of Kazakhstan of April 28, 2017 "On Amendments to Certain Regulatory Legal Acts of the Republic of Kazakhstan on Financial Market Issues", (registered in the Register of State Registration of Regulatory Legal Acts under № 15221, published on June 26, 2017 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
5. Paragraph 1 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on banking regulation, in which amendments and additions are made, approved by Resolution № 169 of the Board of the National Bank of the Republic of Kazakhstan of September 11, 2017 "On Amendments and Additions to Certain Regulations of the Republic of Kazakhstan on the Issues of Banking Regulation", (registered in the Register of State Registration of Regulatory Legal Acts under № 15875, published on October 23, 2017 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
6. Paragraph 2 of the List of Regulatory Legal Acts of the Republic of Kazakhstan on the issues of regulation of the securities market, which are amended, approved by Resolution № 197 of the Board of the National Bank of the Republic of Kazakhstan of November 2, 2017 "On Amendments to Certain Regulatory Legal Acts of the Republic of Kazakhstan on the Regulatory Issues of the Securities Market "(registered in the Register of State Registration of Regulatory Legal Acts under № 16032, published on December 7, 2017 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
7. Paragraph 6 of the List of 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 № 11 of the Board of the National Bank of the Republic of Kazakhstan of 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 № 16643, published on April 3, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
