of July 2, 2018 No. 166-VI ZRK
About modification and amendments in some legal acts of the Republic of Kazakhstan concerning insurance and insurance activity, the security market
Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:
1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 128; No. 22-I, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7; No. 15, Art. 55; No. 22-III, Art. 109; 2018, No. 1, Art. 4; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
Heading of Article 291 to state 1) in table of contents in the following edition:
"Article 291. Obligation fulfillment by introduction of debt";
Item 9 of Article 58 to exclude 2);
Items 1, 2 and 3 Articles 128-1 to state 3) in the following edition:
"1. The financial instrument - money, securities, including derivative securities, derivative financial instruments and other financial instruments with which at the same time result from transactions financial asset at one person and the financial liability or equity instrument - at another.
2. The financial asset - any asset which represents money equity instrument of other person, the contract law to receipt of money or other financial asset from other person or on exchange of financial assets or financial liabilities with other person on conditions, potentially profitable to, or such agreement, calculation for which will be or can be made by own equity instruments of person and which at the same time is such derivative tool on which at person is or the obligation can appear to receive variable number of own equity instruments, or such derivative tool, calculation for which will be or can be made by any different way, than by exchange of fixed amount of money or other financial asset for the fixed number of own equity instruments of person.
3. The financial liability - any obligation which represents contractual obligation to provide money or other financial asset of other person or to exchange financial assets or financial liabilities with other person on potentially unprofitable conditions for itself, or such agreement, calculation for which will be or can be made by own equity instruments of person and which at the same time is such non-productive tool on which at person is or the obligation can appear to provide variable number of own equity instruments, or such derivative tool, calculation for which will be or can be made by any different way, than by exchange of fixed amount of money or other financial asset for the fixed number of own equity instruments of person.";
Article 229 to state 4) in the following edition:
"Article 229. Maintaining common causes of agreement parties
Maintaining common causes of agreement parties about joint activities is performed on their consensus. Under the agreement among themselves they can charge management of the joint activities and maintaining common causes to one of participants who is acting on the basis of the power of attorney in this case issued by other agreement parties or to the third party in case, stipulated in Article 823 of this Code.";
state heading in the following edition:
"Article 291. Obligation fulfillment by introduction of debt";
add with Item 3 following of content:
"3. Features of execution of separate liabilities in the security market which cannot be performed owing to the bases specified in Item 1 of this Article are established by the laws of the Republic of Kazakhstan.".
2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-I, Art. 49; No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98):
Headings of Articles 750, 817 and 823 to state 1) in table of contents in the following edition:
"Article 750. The transactions which are carried out by bank (the organization performing separate types of banking activities) on bank account agreement";
"Article 817. Insurance interest and insured event";
"Article 823. Joint insurance and joint reinsurance";
2) in Item 1 of Article 747:
part one after the word" (" to add bank with words ", the organization performing separate types of banking activities";
part third:
after the words "in bank" to add with words "(the organization performing separate types of banking activities)";
after the word "bank" to add with words "(the organization performing separate types of banking activities)";
3) in Article 749:
Item 1 part one:
after the word "Bank" to add with words "(the organization performing separate types of banking activities)";
after the words "in bank" to add with words "(the organization performing separate types of banking activities)";
the first and second Item 2 after the words "in bank" to add parts with words "(the organization performing separate types of banking activities)";
in Item 3:
after the words "in bank" to add with words "(the organization performing separate types of banking activities)";
after the word to "bank" to add with words "(the organization performing separate types of banking activities)";
the offer first of item 4 after the words "in bank" to add with words "(the organization performing separate types of banking activities)";
4) in Article 750:
state heading in the following edition:
"Article 750. The transactions which are carried out by bank (the organization performing separate types of banking activities) on bank account agreement";
in Item 1:
in paragraph one of the word "the bank shall" the bank (the organization performing separate types of banking activities) shall shall be replaced with words "(shall)";
6) after the words "in bank" to add the subitem with words "(the organization performing separate types of banking activities)";
in Item 2:
the bank (the organization performing separate types of banking activities) shall shall be replaced with words the words "The Bank Shall" "(Shall)";
after the words "in bank" to add with words "(the organization performing separate types of banking activities)";
Item 3 of article 752 after the words "in bank" to add 5) with words "(the organization performing separate types of banking activities)";
Article 806 to state 6) in the following edition:
"Article 806. Compulsory and voluntary insurance
1. Compulsory insurance:
1) the insurance performed owing to requirements of legal acts which types, conditions and procedure are established by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance;
2) insurance in case of which the requirement about compulsory insurance, types and the minimum conditions of insurance (including object of insurance, insurance risks and the minimum sizes of insurance sums) are established by legal acts of the Republic of Kazakhstan and other conditions and procedure for insurance are determined by the agreement of the parties (imputed insurance).
2. Obligation insure the life or health it cannot be assigned to the citizen by either legal acts of the Republic of Kazakhstan, or the agreement.
Compulsory insurance is performed at the expense of the insurer.
Compulsory insurance which types, conditions and procedure are established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance can be entered on condition of economic justification, mass character and the social and public importance.
3. In cases when the obligation of insurance does not follow from the legal act of the Republic of Kazakhstan, and it is based on the agreement, such insurance is not obligatory and does not attract effects, stipulated in Article the 808th of this Code.
4. In case of the conclusion of the agreement of compulsory insurance which types, conditions and procedure are established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance the insurer shall sign the contract with the insurer on the conditions ordered by this legal act of the Republic of Kazakhstan.
In case of imputed insurance the contract with the insurer is signed on the conditions determined by the agreement of the parties with observance of the minimum conditions established by legal acts of the Republic of Kazakhstan.
5. The agreement of compulsory insurance which types, conditions and procedure are established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance can be signed only with the insurer having the license for implementation of this type of insurance. The conclusion of the agreement of compulsory insurance which types, conditions and procedure are established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance for the insurer having the license for implementation of this type of insurance is obligatory.
6. Voluntary insurance - the insurance performed owing to declaration of will of the parties.
Types, conditions and procedure for voluntary insurance are determined by the agreement of the parties.";
7) in Article 807:
the second Item 1 to state part in the following edition:
"Object of insurance is determined by compulsory insurance by legal acts of the Republic of Kazakhstan.";
state Item 3 in the following edition:
"3. Insurance contracts as which subject valuable interests, stipulated in Item 2 these Articles or in which there is no object of insurance act are insignificant.";
To state Item 2 of Article 809-1 in the following edition:
"2. Not accumulative insurance is the insurance providing implementation of insurance payment only in case of loss occurrence, having signs, stipulated in Item 3 articles 817 of this Code.";
Item 3 of Article 813 to add 9) with words "if other is not established by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance";
10) in Article 816:
in Item 1:
in part one of the word "about compulsory insurance" shall be replaced with words Republic of Kazakhstan;
the fourth to state part in the following edition:
"In case of compulsory insurance which types, conditions and procedure are established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance the beneficiary is determined by this legal act of the Republic of Kazakhstan, in case of imputed insurance - legal acts of the Republic of Kazakhstan or the agreement of the parties. On voluntary types of insurance the beneficiary is appointed by the insurer.";
to state part one of Item 2 in the following edition:
"2. If other is not provided by legal acts of the Republic of Kazakhstan or the insurance contract, beneficiary is the insurer.";
11) in Article 817:
state heading in the following edition:
"Article 817. Insurance interest and insured event";
state Item 1 in the following edition:
"1. The insurance contract shall provide availability of insurance interest.";
add with Items 1-1 and 1-2 of the following content:
"1-1. Insurance interest - valuable interest of the insurer (insured, the beneficiary) in prevention of risks and non-admission of loss occurrence, except for events which can be provided under the agreement of accumulative insurance.
1-2. Insured event - event with which approach the insurance contract provides implementation of insurance payment.";
in Item 2 of the word "about compulsory insurance" shall be replaced with words Republic of Kazakhstan;
state Item 3 in the following edition:
"3. The event considered as insured event shall have all following signs (except for events which can be provided under the agreement of accumulative insurance):
probabilities and accidents of approach of event;
unpredictability of rather specific time or the place of approach of event, and also the size of losses as a result of approach of event;
lack of danger that the event inevitably and objectively shall take place within validity what the parties or, at least, the insurer obviously knew about or in advance were informed;
approach of event has negative, unprofitable economic effects for valuable interest of the insurer (insured, the beneficiary);
approach of event is not connected with declaration of will and (or) intention of the insurer (insured, the beneficiary) and does not provide the purpose of extraction of benefit and (or) receipt of prize (speculative risk).";
Items 1 and 2 of Article 818 to state 12) in the following edition:
"1. Insurance premium - amount of money which the insurer shall pay to the insurer for adoption by the last of obligations to make insurance payment to the insurer (beneficiary) in the amount of, defined by the insurance contract.
The insurance premiums got by the insurer from the insurer belong to it on the property right, except for parts of the insurance premiums got from insurers for the purposes of investment and income (losses) gained from their investment according to the insurance contracts providing condition of participation of the insurer in investments, and also case, stipulated in Item 3 Articles 845-1 of this Code.
2. The sizes of insurance premiums are established by the agreement. In case of compulsory insurance the sizes of insurance premiums are established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance.
The procedure and payment due dates of insurance premiums are determined by the agreement. In case of compulsory insurance they can be determined by legal acts of the Republic of Kazakhstan.";
Item 2 of Article 819 to state 13) in the following edition:
"2. The sizes of insurance sums (except for the agreements of annuity insurance and insurance contracts providing condition of participation of the insurer in investments) are established by the agreement. In case of compulsory insurance they cannot be less than the sizes established by legal acts of the Republic of Kazakhstan.";
14) in Article 820:
state Items 2 and 3 in the following edition:
"2. The procedure for determination of the amount of insurance payment is established by the agreement. On compulsory insurance the procedure for determination of the amount of insurance payment is established by the separate legal act of the Republic of Kazakhstan regulating obligatory type of insurance.
3. The procedure and terms of implementation of insurance payments are determined by the agreement.
They can be determined by compulsory insurance by legal acts of the Republic of Kazakhstan.";
in Item 8 of the word "about compulsory insurance" shall be replaced with words Republic of Kazakhstan;
Article 823 to state 15) in the following edition:
"Article 823. Joint insurance and joint reinsurance
1. Object of insurance can be coinsured under one agreement of joint insurance by several insurers by creation of particular partnership (insurance pool) on the basis of cooperation agreement (joint insurance).
Object of reinsurance can be coinsured under one agreement of joint reinsurance by several overcautious persons by creation of particular partnership (reinsurance pool) on the basis of cooperation agreement (joint reinsurance).
At the same time the agreement of joint insurance (joint reinsurance) shall contain the conditions determining the rights and obligations of each insurer (overcautious person) in the approved shares.
Participants of insurance (reinsurance) pool solidary answer to the insurer (beneficiary) or the reinsurer according to obligations of insurance (reinsurance) pool, including for implementation of insurance payment if other is not defined by the agreement of joint insurance (joint reinsurance).
2. In the presence of the relevant agreement between insurers (overcautious persons) one of them can represent all insurers (overcautious persons) in relations with the insurer (reinsurer).
3. The management and maintaining common causes of participants of insurance (reinsurance) pool can be performed by insurance broker in the presence of the relevant agreement with participants of insurance (reinsurance) pool.";
16) in Article 824:
state Item 1 in the following edition:
"1. The insurer has the right to provide by reinsurance covering of risk of execution of all or part of the obligations to the insurer at other insurer (overcautious person).
The valuable interests of the reinsurer connected with risk of implementation of insurance payment for the prisoner it as the insurer (overcautious person) to the insurance contract (reinsurance) can be objects of reinsurance.
Illegal valuable interests of the reinsurer are not subject to reinsurance.
Agreements of reinsurance as which subject illegal valuable interests of the reinsurer act or in which there is no object of reinsurance are insignificant.";
exclude item 4;
Article 825 to state 17) in the following edition:
"Article 825. Insurance contract form
1. The insurance contract is signed in writing in the way:
1) creation by insurance agreement parties;
2) joining of the insurer to the standard conditions of insurance provided by legal acts of the Republic of Kazakhstan or to the rules of insurance developed by the insurer unilaterally (the agreement of accession), and registrations by the insurer to the insurer of the insurance policy.
2. The agreement form on compulsory insurance is established by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance on imputed insurance - the agreement of the parties with observance of the minimum conditions provided by legal acts of the Republic of Kazakhstan, and on voluntary insurance - the insurer or the agreement of the parties.
In case of the conclusion of the insurance contract the insurer has the right to apply the agreements drafted on types of insurance according to standard conditions or rules of insurance.
3. Non-compliance with written form of the insurance contract attracts its negligibility.";
18) in Article 825-1:
13) of Item 2 to state the subitem in the following edition:
"13) procedure for the dispute resolution, including feature of dispute settlement on compulsory insurance;";
state item 4 in the following edition:
"4. Under the agreement between the insurer and the insurer based on rules of insurance the insurance contracts providing change, exception of separate provisions of rules of insurance, and also the additional terms determined in case of the conclusion of the insurance contract can be signed.";
add with Item 4-1 of the following content:
"4-1. The conditions containing in rules of insurance and which are not included in the text of the insurance contract are obligatory for the parties if in the agreement directly it is specified application of such rules and rules are stated in the agreement or attached to it. In the latter case provision to the insurer of rules of insurance in case of the conclusion of the agreement shall be certified by the parties in the agreement.";
19) in Item 1 of Article 826:
in the subitem 2) of the word" (in case of its availability)" shall be replaced with words "(if it is specified in the identity document)";
add with subitem 2-1) of the following content:
"2-1) surname, name, middle name (if it is specified in the identity document), contact phone number and individual identification number of insurance agent (if him is physical resident person of the Republic of Kazakhstan) or the name, the location, contact phone number and business and identification number of insurance agent (if him is legal resident person of the Republic of Kazakhstan);";
5) to state the subitem in the following edition:
"5) the sizes of insurance sum (except for the agreements of annuity insurance and insurance contracts providing condition of participation of the insurer in investments), procedure and terms of implementation of insurance payment;";
add with subitems 6-2) and 10-1) of the following content:
"6-2) specifying about availability or lack of the commission fee which is due to insurance agent;";
"10-1) obligation of the insurer without delay to report to the insurer about the considerable changes in the circumstances reported the insurer in case of the conclusion of the agreement which became to him known if these changes can significantly influence increase in insurance risk during validity of property insurance (Item 1 of Article 834 of this Code);";
11) to state the subitem in the following edition:
"11) conditions of payment and the size of the redemption amount (for accumulative insurance, except for the insurance contracts providing condition of participation of the insurer in investments);";
Item 1 of Article 826-3 to state 20) in the following edition:
"1. Under the agreement of the insurer with the insurer systematic insurance of different batches of homogeneous property (goods, loads and another) on similar conditions during certain term can be performed based on one insurance contract by registration to the insurer of the general policy.";
1, 2 and 3 Articles 827 of the word "about compulsory insurance" shall be replaced with words 21) in Items Republic of Kazakhstan;
Subitem 1-1) of Item 1 of Article 828 to state 22) in the following edition:
"1-1) to inform the insurer of rules of insurance and according to its requirement to provide (to direct) the copy of rules;";
23) in Article 830:
state Item 2 in the following edition:
"2. Professional participants of the insurance market, insurance agent have no right to disclose the data received by them as a result of the professional activity which are insurance secret, except as specified provisions of information to other professional participant of the insurance market or insurance agent, the agreements of reinsurance connected with the conclusion or the relations on joint insurance and also provided by Items 4, 4-1, 5 and 6 of this Article.";
add with Item 4-1 of the following content:
"4-1. Secret of insurance can be revealed to insurance ombudsman according to the appeals of physical persons and legal entities which are at it under consideration on settlement of the disagreements arising from insurance contracts.";
in Item 5:
state subitem 4-4) in the following edition:
"To 4-4) bodies of homeland security of the Republic of Kazakhstan concerning agreements of compulsory insurance of civil responsibility of owners of vehicles - for the purpose of and procedure, provided by the Law of the Republic of Kazakhstan "About bodies of homeland security of the Republic of Kazakhstan", and concerning other insurance contracts - from the sanction of the prosecutor;";
add with subitem 4-5) of the following content:
"To 4-5) Service of the state protection of the Republic of Kazakhstan from the sanction of the prosecutor for the purpose of the prevention, opening and suppression of prospecting and (or) blasting shares;";
Article 832 to state 24) in the following edition:
"Article 832. The data represented by the insurer in case of the conclusion of the agreement
1. In case of the conclusion of the agreement the insurer shall tell the insurer the circumstances known to the insurer having essential value for determination of probability of loss occurrence and the size of possible losses from its approach (insurance risk) if these circumstances are not known and shall not be known to the insurer.
The circumstances which are definitely stipulated in the rules of insurance developed by the insurer or in the written request of the insurer sent to the insurer the conclusion of the agreement are recognized essential.
In case of the conclusion of the agreement of compulsory insurance the circumstances established by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance are recognized essential.
2. The insurance contract cannot be signed in the absence of replies of insurer to the questions specified in the written request of the insurer concerning essential circumstances.
If the insurance contract is signed in the absence of replies of insurer to any questions of the insurer, the last cannot require afterwards agreement cancelation or recognition its invalid on the ground that the corresponding circumstances were not reported by the insurer.
3. If after the conclusion of the agreement it is determined that the insurer reported to the insurer obviously false data on the circumstances specified in Item 1 of this Article, the insurer has the right to demand recognition of the agreement invalid and applications of the effects provided by parts two and third Item 1 of Article 844 of this Code.
The insurer cannot require recognition of the agreement invalid if circumstances which the insurer held back already disappeared.";
Item 5 of Article 833 to state 25) in the following edition:
"5. In case of compulsory insurance the procedure and conditions of evaluating the extent of damage suffered as a result of loss occurrence can be established by legal acts of the Republic of Kazakhstan.";
26) in Article 835:
in the offer the second to exclude parts one of Item 1 of the word "about compulsory insurance";
add with item 4 of the following content:
"4. The non-notification or the untimely notification of the insurer on loss occurrence is not the basis for refusal in implementation of insurance payment if it is caused by the reasons which are not depending on will of the insurer or carried by the insurance contract to valid and the relevant documents confirming this fact are submitted.";
Items 1 and 3 of Article 837 to state 27) in the following edition:
"1. In case under the agreement of responsibility for damnification responsibility of the other person, than the insurer last having the right is insured if other is not provided by the insurance contract, at any time to loss occurrence to replace this person with another, having in writing notified on it the insurer.";
"3. If insurance of the third party follows from requirements of legal acts of the Republic of Kazakhstan, replacement of insured is performed according to the procedure, established by the specified legal acts of the Republic of Kazakhstan and the agreement based on them.";
In paragraph one of Item 2 of Article 839 of the word "about compulsory insurance" shall be replaced with words 28) Republic of Kazakhstan;
29) in part one of Item 1 of Article 841:
in the subitem 3) shall be replaced with words the words "about compulsory insurance" Republic of Kazakhstan;
8) to state the subitem in the following edition:
"8) changes of the conditions and data included in the insurance policy which is drawn up by the insurer according to the procedure, provided by legal acts of the Republic of Kazakhstan;";
30) in Article 843:
state Item 1 in the following edition:
"1. In addition to the general bases of invalidity of the transactions provided by this Code, the insurance contract is nullified in cases if:
1) object of insurance is the property which is subject to confiscation based on the relevant decision of court which took legal effect, or the property got in the criminal way or which is subject of criminal offense;
2) as insured event the event deprived of signs, stipulated in Item 3 articles 817 of this Code is provided;
3) terms of the contract exclude possibility of implementation of insurance payment in case of loss occurrence;
4) the insurer in case of the conclusion of the agreement obviously pursued the aim of extraction of illegal benefit, including by means of the conclusion of the agreement after loss occurrence;
5) the insurer (insured, the beneficiary) has no insurance interest;
6) there is no agreement between the parties on essential terms of the contract, stipulated in Item 1 articles 826 of this Code.";
in Item 2:
1) to state the subitem in the following edition:
"1) if illegal valuable interests act as object of insurance (reinsurance) (Item 2 of Article 807, part three of Item 1 of Article 824 of this Code);";
add with the subitem 4) of the following content:
"4) there is no object of insurance (reinsurance).";
in Item 3 of the word "about compulsory insurance" shall be replaced with words Republic of Kazakhstan.
3. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; The law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018; The Law of the Republic of Kazakhstan of June 13, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of non-profit organizations", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 15, 2018):
1) in table of contents:
242, 254 and 258 to exclude headings of Articles;
to state headings of Articles 261 and 262 in the following edition:
"Article 261. Violation by the issuer of conditions and procedure for release and (or) placement of non-state issued securities
Article 262. Violation of the requirements established by the legislation of the Republic of Kazakhstan on the security market and on joint-stock companies";
to exclude heading of Article 263;
to state heading of Article 285-1 in the following edition:
"Article 285-1. Non-execution by the custodians, brokers and (or) dealers having rights of account management of clients as nominee holders of securities, managing directors of investment portfolio, insurance companies, the collection agencies of the obligations established by the tax legislation of the Republic of Kazakhstan";
In paragraph one of part three of Article 214 of the word "officials of subjects of financial monitoring" shall be replaced with words 2) "subjects of financial monitoring";
Paragraph one of part two of Article 230 to state 3) in the following edition:
"2. Not conclusion of the agreement of compulsory insurance by person obliged to sign the agreement of compulsory insurance according to the legal act of the Republic of Kazakhstan for compulsory insurance -";
Articles 242, 254 and 258 to exclude 4);
Articles 261 and 262 to state 5) in the following edition:
"Article 261. Violation by the issuer of conditions and procedure for release and (or) placement of non-state issued securities
1. Numerous (two and more times during twelve consecutive calendar months) non-presentation and (or) untimely representation by the issuer to the central depositary of documents for modification and (or) amendments on personal accounts of the issuer in system of registers of security holders -
attract penalty on small business entities, non-profit organizations in the amount of hundred, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of three hundred monthly settlement indicators.
2. Numerous (two and more times during twelve consecutive calendar months) violation by the issuer of procedure for placement of non-state issued securities, except for the actions provided by part three of this Article -
attracts penalty on small business entities, non-profit organizations in the amount of hundred, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of three hundred monthly settlement indicators.
3. Violation by the issuer of the conditions established by the legislation of the Republic of Kazakhstan and procedure for release and (or) placement of non-state issued securities in the territory of foreign state, and (or) inclusion of non-state issued securities in the list of securities of the stock exchange performing activities in the territory of foreign state -
attracts penalty on legal entities in the amount of fifty percent from amount of money received from placement of issued securities.
4. Violation by the issuer of requirements to state registration of release of non-state issued securities, numerous (two and more times during twelve consecutive calendar months) violation by the issuer of conditions of release of the non-state bonds established by the legislation of the Republic of Kazakhstan on the security market -
attract penalty on subjects of small or medium business in the amount of four hundred, on subjects of big business - in the amount of five hundred monthly settlement indicators.
Note.
To the administrative responsibility established by this Article issuers are not attracted if at the time of detection of offense the issuer:
it is deprived of license for activities in the financial sphere and activities connected with concentration of financial resources and is subject to involuntary liquidation or is in process of involuntary liquidation;
it is declared court bankrupt.
Article 262. Violation of the requirements established by the legislation of the Republic of Kazakhstan on the security market and on joint-stock companies
1. Non-compliance by the subject of the security market with procedure and (or) the conditions established by the Law of the Republic of Kazakhstan "About joint-stock companies" when making large deal and (or) the transaction in which making there is interest, -
attracts penalty on small business entities in the amount of two hundred, on subjects of medium business - in the amount of three hundred, on subjects of big business - in the amount of four hundred monthly settlement indicators.
2. Making by the professional participant of the security market within the professional activity performed by it in the security market of the transaction with financial instruments which conditions contradict the legislation of the Republic of Kazakhstan on the security market, and (or) the transaction concerning which the legislation of the Republic of Kazakhstan on the security market provides the bases for refusal in its making, -
attracts penalty on subjects of medium business in the amount of three hundred, on subjects of big business - in the amount of four hundred monthly settlement indicators.
3. Making by the broker and (or) dealer of the transaction without availability of the client order for the moment of its making -
attracts penalty on subjects of medium business in the amount of three hundred, on subjects of big business - in the amount of four hundred monthly settlement indicators.
4. The actions of insiders for use of the insider information in case of transactions with securities and (or) derivative financial instruments, illegal transfer of the insider information to the third parties, provision to the third parties of the recommendations or offers on transactions with securities and (or) derivative financial instruments based on the insider information, and (or) failure to meet requirements of the legislation of the Republic of Kazakhstan on provision to issuers of information the legal entities recognized as insiders concerning these issuers which do not have signs of penal act if these actions did not cause major damage, -
attract penalty on physical person in the amount of two hundred, on the official - in the amount of four hundred, on small business entities - in the amount of three hundred, on subjects of medium business - in the amount of four hundred, on subjects of big business - in the amount of five hundred monthly settlement indicators.
5. Violation by issuers of the requirements established by the legislation of the Republic of Kazakhstan, regarding control of the order and use of the insider information about the issuer and issued (provided) it securities (derivative financial instruments) -
attracts penalty on small business entities in the amount of three hundred, on subjects of medium business - in the amount of four hundred, on subjects of big business - in the amount of five hundred monthly settlement indicators.
6. Numerous (two and more times during six consecutive calendar months) disclosure by the subject of the security market of unreliable and (or) incomplete information and (or) not disclosure at the scheduled time of information on the activities according to the procedure and on the conditions determined by the legislation of the Republic of Kazakhstan -
attract penalty in the amount of fifty monthly settlement indicators.
Note.
Information on the activities for the purposes of part six of this Article is understood as information which is subject to disclosure by the subject of the security market according to the legislation of the Republic of Kazakhstan on the security market.
Subjects of the security market are not subject to administrative prosecution, the provided part six of this Article, in case:
1) disclosures of information according to the procedure and on the conditions determined by the legislation of the Republic of Kazakhstan no later than one working day from the moment of the termination of the terms established by the legislation of the Republic of Kazakhstan for disclosure of this information;
2) if at the time of detection of offense the subject of the security market:
it is deprived of license for activities in the financial sphere and activities connected with concentration of financial resources and is subject to involuntary liquidation or is in process of involuntary liquidation;
it is declared court bankrupt.";
Article 263 to exclude 6);
state heading in the following edition:
"Article 285-1. Non-execution by the custodians, brokers and (or) dealers having rights of account management of clients as nominee holders of securities, managing directors of investment portfolio, insurance companies, the collection agencies of the obligations established by the tax legislation of the Republic of Kazakhstan";
word part one in paragraph one "the single registrar," to exclude;
8) the paragraph one of part one of Article 612 to state in the following edition:
"1. Vehicle control by the driver who does not have in case of himself the car driver license or the temporary certificate issued instead of the car driver license on the right of management, registration and established by the legislation of other documents on the vehicle, -";
9) in Article part one 724 figures "242," to exclude "254,", "258," and "263,";
The subitem 1) to state 10) to part one of Article 797 in the following edition:
"1) 230 (part two), 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 506, 510, 511, 512, 513, 514, 515, 516, 517, 571, 572, 573, 575, 581, 582, 586, 589, 590 (parts two, the third and fourth), 593 (parts two, third, the fourth, the fifth, sixth and seventh), 597 (parts three, the fourth), 608, 612 (parts one, the second, fourth, fifth), 613 (part two), 654 (regarding the offenses provided by Articles 590, of 591, of 592, of 593, of 594, of 595, of 596, of 597, of 598, of 599, of 600, of 601, of 602, of 603, of 606, of 607, of 610, of 611, of 612, of 613) of this Code, the authorized officer specified in part two of this Article having the right to detain, deliver and prohibit operation of vehicles, courts, including small size vessels by their delivery for temporary storage to special platforms parking or the platforms adjacent to stationary post of transport control, including with use of other vehicle (tow truck), vessel or small size vessel, before elimination of the reasons of detention;".
4. In the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-V, 20-VI, Art. 114; 2016, No. 7-II, Art. 55; No. 12, Art. 87; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 8, Art. 16; No. 16, Art. 56; No. 21, Art. 98; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
Article 370 part four in paragraph one to "registrar" shall be replaced with words the word to "the central depositary".
5. In the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2017, No. 22-I, 22-II, Art. 107; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
Heading of Article 27 to state 1) in table of contents in the following edition:
"Article 27. Obligations of the custodians, the central depositary, brokers and (or) dealers having rights of account management of clients as nominee holders of the securities managing investment portfolio and also insurance companies in case of interaction with tax authorities";
5) of Item 1 of Article 19 of the word of "the single registrar" shall be replaced with words 2) in the subitem "the central depositary";
3) in Article 27:
state heading in the following edition:
"Article 27. Obligations of the custodians, the central depositary, brokers and (or) dealers having rights of account management of clients as nominee holders of the securities managing investment portfolio and also insurance companies in case of interaction with tax authorities";
in paragraph one of Item 1 of the word "single registrar" shall be replaced with words "the central depositary".
6. In the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 3-4, of Art. 23; No. 12, Art. 88; No. 15-16, of Art. 100; No. 23, Art. 141; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 184; No. 11-12, of Art. 262; No. 19, Art. 370; 1997, No. 13-14, of Art. 205; No. 22, Art. 333; 1998, No. 11-12, of Art. 176; 1999, No. 20, Art. 727; 2000, No. 3-4, of Art. 66; No. 22, Art. 408; 2001, No. 8, Art. 52; No. 10, Art. 123; 2003, No. 15, Art. 138, 139; 2004, No. 11-12, of Art. 66; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 14, Art. 55; No. 23, Art. 104; 2006, No. 4, Art. 24; No. 13, Art. 86; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 4, Art. 33; 2009, No. 8, Art. 44; No. 13-14, of Art. 63; No. 17, Art. 81; No. 19, Art. 88; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 13, Art. 116; No. 24, Art. 196; 2012, No. 1, Art. 6; No. 2, Art. 14; No. 13, Art. 91; No. 20, Art. 121; 2013, No. 10-11, of Art. 56; 2014, No. 10, Art. 52; No. 11, Art. 61; No. 14, Art. 84; No. 16, Art. 90; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 22-II, Art. 148; No. 22-VI, Art. 159; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 12, Art. 87; 2017, No. 6, Art. 11; No. 9, Art. 21; No. 16, Art. 56; No. 24, Art. 115; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
the paragraph one of item 4 of Article 20-4 to state in the following edition:
"4. Employees of National Bank of Kazakhstan and its departments in case of implementation owing to the ex-officio full powers of checks of activities of the financial organizations, their branches and affiliates, Development bank of Kazakhstan, the legal entities performing activities in the security market, other subjects of the security market, issuers of securities, credit bureaus, bank holdings, banking conglomerates, large members of bank, insurance holdings, insurance groups, large members of the insurance (reinsurance) organization, the organization guaranteeing implementation of insurance payments to insurers (insured, to beneficiaries) in case of involuntary liquidation of insurance companies, the actuaries having the license for implementation of actuarial activities in the insurance market, special finance companies, Islamic special finance companies, investment funds, large members of the managing director of investment portfolio, persons having signs of the large member of bank, insurance (reinsurance) organization, the managing director of investment portfolio, bank holding, insurance holding, the professional organizations, the microfinancial organizations, the collection agencies, members of payment service provider, operators and the operational centers of payment systems, including any other person, representative for the contract with them to render services for functioning of payment system, payment service providers, including any other person, the representative for the contract with them to perform functions on rendering payment services, and also persons performing currency transactions, temporary administrations (temporary administrators), liquidation commissions of banks, the insurance (reinsurance) organizations (further - the checked subject) shall report without delay to higher management about all circumstances, which can interfere with accurate and impartial accomplishment of ex-officio full powers, including about:".
7. In the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 3-4, of Art. 35; No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 1, Art. 180; No. 14, Art. 274; 1997, No. 12, Art. 183; 1998, No. 5-6, of Art. 50; No. 17-18, of Art. 224; 1999, No. 20, Art. 727; 2000, Art. No. 3-4, 63, 64; No. 22, Art. 408; 2001, No. 1, Art. 1; No. 8, Art. 52; No. 24, Art. 338; 2002, No. 18, Art. 157; 2003, No. 4, Art. 25; No. 15, Art. 139; 2004, No. 5, Art. 30; 2005, No. 13, Art. 53; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 10, Art. 52; No. 15, Art. 95; No. 23, Art. 141; 2007, No. 3, Art. 20; 2008, No. 12, Art. 52; No. 23, Art. 114; No. 24, Art. 126, 129; 2009, No. 24, Art. 122, 125; 2010, No. 1-2, of Art. 2; No. 5, Art. 23; 2011, No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; 2012, No. 2, Art. 14; No. 13, Art. 91; No. 21-22, of Art. 124; 2013, No. 10-11, of Art. 56; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 12, Art. 82; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 8, Art. 42; No. 15, Art. 78; No. 16, Art. 79; No. 20-IV, Art. 113; No. 22-VI, Art. 159; No. 23-І, Art. 169; 2016, No. 24, Art. 124; 2017, No. 4, Art. 7; No. 22-III, Art. 109):
in part three of Article 14 of the word "economic partnerships in which maintaining the register of participants of economic partnership is performed by the professional participant of the security market having license for activities on maintaining system of registers of security holders" shall be replaced with words "limited liability partnerships in which maintaining the register of members of limited liability partnership is performed by the central depositary".
8. In the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1995, No. 15-16, of Art. 106; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 184; No. 15, Art. 281; No. 19, Art. 370; 1997, No. 5, Art. 58; No. 13-14, of Art. 205; No. 22, Art. 333; 1998, No. 11-12, of Art. 176; No. 17-18, of Art. 224; 1999, No. 20, Art. 727; 2000, No. 3-4, of Art. 66; No. 22, Art. 408; 2001, No. 8, Art. 52; No. 9, Art. 86; 2002, No. 17, Art. 155; 2003, No. 5, Art. 31; No. 10, Art. 51; No. 11, Art. 56, 67; No. 15, Art. 138, 139; 2004, No. 11-12, of Art. 66; No. 15, Art. 86; No. 16, Art. 91; No. 23, Art. 140; 2005, No. 7-8, of Art. 24; No. 14, Art. 55, 58; No. 23, Art. 104; 2006, No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 11, Art. 55; No. 16, Art. 99; 2007, No. 2, Art. 18; No. 4, Art. 28, 33; 2008, No. 17-18, of Art. 72; No. 20, Art. 88; No. 23, Art. 114; 2009, Art. No. 2-3, 16, 18, 21; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 5, Art. 23; No. 7, Art. 28; No. 17-18, of Art. 111; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 8, Art. 64; No. 10, Art. 77; No. 13, Art. 91; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 10-11, of Art. 56; No. 15, Art. 76; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 6, Art. 27; No. 10, Art. 52; No. 11, Art. 61; No. 12, Art. 82; No. 19-І, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 131; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, Art. 140, 143; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 7-II, Art. 55; No. 8-І, Art. 65; No. 12, Art. 87; No. 22, Art. 116; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 9, Art. 21; No. 13, Art. 45; No. 21, Art. 98; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; The law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
1) in item 4 of Article 17-2:
in part one:
in the subitem 3):
after the word "registration" to add with the word of "release";
"the registrar and" to exclude words;
in part two:
shall be replaced with words the words "from date" "after date";
after the word "registration" to add with the word of "release";
"Banks of transactions" shall be replaced with words 2) in part three of Item 1 of Article 26 of the word "transactions by the banks and (or) organizations performing separate types of banking activities";
3) in Article 30:
the subitem 8) Item 2 after words "the mortgage organization" to add with words ", the organization which is not bank, performing broker and (or) dealer activities in the security market";
add Item 6-1 with part three of the following content:
"The organizations which are not banks, performing broker and (or) dealer activities in the security market, having the right to perform separate types of banking activities based on the corresponding licenses of authorized body according to the procedure, the determined legislation of the Republic of Kazakhstan on the security market.";
add Item 13 with part two of the following content:
"The banking activities provided by the subitem 2) of Item 2 of this Article can be performed by the central depositary, the organizations which are not the banks performing broker and (or) dealer activities in the security market taking into account the features determined by the legislation of the Republic of Kazakhstan on the security market.".
9. In the Law of the Republic of Kazakhstan of April 22, 1998 "About partnerships with the limited and accessorial liability" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 5-6, of Art. 49; 1999, No. 20, Art. 727; 2002, No. 10, Art. 102; 2003, No. 11, Art. 56; No. 24, Art. 178; 2004, No. 5, Art. 30; 2005, No. 14, Art. 58; 2006, No. 3, Art. 22; No. 4, Art. 24, 25; No. 8, Art. 45; 2007, No. 4, Art. 28; No. 20, Art. 153; 2008, No. 13-14, of Art. 56; 2009, No. 2-3, of Art. 16; 2010, No. 1-2, of Art. 2; 2011, No. 1, Art. 9; No. 5, Art. 43; No. 6, Art. 50; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 21-22, of Art. 124; 2014, No. 4-5, of Art. 24; No. 23, Art. 143; 2015, No. 20-VII, Art. 117; No. 22-VI, Art. 159; 2016, No. 6, Art. 45; No. 8-II, Art. 70; 2017, No. 4, Art. 7; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
1) in the subitem 4) of Item 1 of Article 12 the word of "registrar" shall be replaced with words "the central depositary";
2) in Article 16-1:
in heading "registrar" shall be replaced with words the word "the central depositary";
in Item 1:
in part one of the word "with the professional participant of the security market performing activities for maintaining system of registers of security holders (registrar), the contract for maintaining the register of participants of partnership" shall be replaced with words "the contract for maintaining the register of participants of partnership with the central depositary performing activities for maintaining system of registers of security holders";
in parts two and third "registrar" shall be replaced with words the word "the central depositary";
add with Item 3 following of content:
"3. The procedure for forming, maintaining and storage of the register of members of limited liability partnership is established by the legislation of the Republic of Kazakhstan.";
3) in part one of Item 2 of Article 17:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.