RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of June 29, 2018 No. 141

About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of April 29, 2016 No. 115 "About approval of Rules of state registration of release of non-state bonds (the bonded program), considerations of reports on results of placement and repayment of non-state bonds, and also cancellations of bond issue, Rules of creation and execution of the prospectus of release of non-state bonds (the prospectus of the bonded program, the prospectus of bond issue within the bonded program), structures of the prospectus of release of non-state bonds (the prospectus of the bonded program, the prospectus of bond issue within the bonded program), Requirements to creation and report layout about results of placement of non-state bonds and the report on results of repayment of non-state bonds"

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of April 29, 2016 No. 115 "About approval of Rules of state registration of release of non-state bonds (the bonded program), considerations of reports on results of placement and repayment of non-state bonds, and also cancellations of bond issue, Rules of creation and execution of the prospectus of release of non-state bonds (the prospectus of the bonded program, the prospectus of bond issue within the bonded program), structures of the prospectus of release of non-state bonds (the prospectus of the bonded program, the prospectus of bond issue within the bonded program), Requirements to creation and report layout about results of placement of non-state bonds and the report on results of repayment of non-state bonds" (it is registered in the Register of state registration of regulatory legal acts at No. 13789, it is published on July 8, 2016 in information system of law of Ad_let) the following changes:

in Rules of state registration of release of non-state bonds (the bonded program), considerations of reports on results of placement and repayment of non-state bonds, and also cancellations of bond issue approved by the specified resolution:

exclude Item 5;

the second Item 12 to state part in the following edition:

"In case of submission of documents for state registration of bond issue (the bonded program, bond issue within the bonded program) through the web portal of "the electronic government" the documents specified in subitems 1), 2), 4), 5), 6) and 7) of Item 3, subitems 1), 2), 4) and 5) of Item 4, Items 9, of 10 and 11 Rules are represented "the electronic government", in electronic form through the web portal, the documents specified in the subitem 3) of Item 3 and the subitem 3) of Item 4, Items 6 and 8 of Rules are represented on paper.";

state Item 20 in the following edition:

"20. State registration of bond issue (the bonded program, bond issue within the bonded program) bank of the second level or the organization performing separate types of banking activities is performed on condition of compliance of this issuer to the following requirements:

1) absence for date of submission of documents on state registration of bond issue (the bonded program, bond issue within the bonded program) out of time fulfilled and unexecuted obligations on payment of remuneration for the bonds which are in circulation in the secondary security market;

2) profitable activities of the issuer following the results of one of last two the completed financial year before date of submission of documents for state registration of bond issue (the bonded program, bond issue within the bonded program) or the net cash flows received from activities of the issuer, for one of two last completed financial years according to its financial reporting confirmed with the audit report are positive;

3) lack of the facts of non-compliance with prudential standard rates and the set authorized body of other regulations and limits for date of submission of documents on state registration of bond issue (the bonded program, bond issue within the bonded program), and also during the period in 3 (three) months prior to date of submission of documents;

4) compliance of the issuer and the bonds issued by it to Requirements to the issuers and their securities allowed (allowed) to the address on the stock exchange, and also to the separate categories of the list of stock exchange approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 27, 2017 No. 54, to the registered in the Register of state registration of regulatory legal acts at No. 15175, and internal documents of stock exchange (if the prospectus of bond issue (the prospectus of bond issue within the bonded program) the issuer provides the circulation of these bonds in trade system of stock exchange).

Requirements of part one of this Item do not extend to cases of carrying out the second level of restructuring of obligations by bank on earlier issued bonds, the restructuring of bank of the second level which is carried out according to the judgment about carrying out.

Requirements of subitems 2) and 3) of part one of this Item do not extend to bond issue of bank of the second level in the form of the subordinated bonds converted into shares.".

2. To department of methodology of the financial market (Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this resolution the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and Item 3 of this resolution.

3. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

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

5. This resolution becomes effective after day of its first official publication.

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