RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2018 No. 298

About approval of Rules of state registration of release of Islamic securities, considerations of reports on results of their placement and repayment, and also their cancellation, Rules of creation and execution of the prospectus of release of Islamic securities, changes and (or) amendments to the avenue of release of Islamic securities

According to the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve:

1) Rules of state registration of release of Islamic securities, considerations of reports on results of their placement and repayment, and also their cancellation according to appendix 1 to this resolution;

2) Rules of creation and execution of the prospectus of release of Islamic securities, changes and (or) amendments to the avenue of release of Islamic securities according to appendix 2 to this resolution.

2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of December 19, 2015 No. 251 "About approval of Rules of release, the address and repayment of Islamic securities of both their state registration, consideration of reports on results of placement and repayment, and cancellation of release of Islamic securities, and also Requirements to the prospectus of release of Islamic securities" (it is registered in the Register of state registration of regulatory legal acts at No. 13006, it is published on March 1, 2016 in information system of law of Ad_let).

3. To department of regulation of the non-bank financial organizations (Kosherbayeva A. M.) 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 its direction 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 4 of this resolution.

4. 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.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Kurmanov Zh. B.

6. This resolution becomes effective since January 1, 2019 and is subject to official publication.

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 298

Rules of state registration of release of Islamic securities, considerations of reports on results of their placement and repayment, and also their cancellation

Chapter 1. General provisions

1. These rules of state registration of release of Islamic securities, considerations of reports on results of their placement and repayment, and also their cancellation (further - Rules) are developed according to the laws of the Republic of Kazakhstan of July 2, 2003 "About the security market" (further - the Law on the security market), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations".

2. Rules determine conditions and procedure for state registration of release of Islamic securities (Islamic rent certificates and Islamic participation certificates), considerations of reports on results of their placement and repayment, and also their cancellation.

Chapter 2. Procedure and conditions of state registration of release of Islamic securities

3. For state registration of release of Islamic securities the Islamic special finance company (further - the issuer) represents to authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) the following paper documents:

1) the statement constituted in any form, with indication of type of Islamic security and the signed head of executive body (person solely performing functions of executive body) of the issuer or person authorized on signing (with submission of the copy of the supporting document);

2) the copy of the decision of body of the issuer on release of Islamic securities containing data on structure of release, placement, on the address and repayment of Islamic securities, on use of the means received by the issuer as a result of placement of Islamic securities on the rights of holders of Islamic securities;

3) the prospectus of release of Islamic securities approved with council on the principles of Islamic financing, constituted and which is drawn up according to structure of the prospectus of release of Islamic securities according to appendix to the Rules of creation and execution of the prospectus of release of Islamic securities, changes and (or) amendments to the avenue of release of Islamic securities approved by this resolution;

4) copies of charters of the issuer and originator (in the presence);

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