THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of February 12, 2021 No. 26

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning the security market

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan concerning the Board of the Agency of the Republic of Kazakhstan security market on regulation and development of the DECIDES: financial market

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning the security market to which changes and additions, according to appendix to this resolution are made.

2. To provide to department of the security market in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 12, 2021 No. 26

The list of regulatory legal acts of the Republic of Kazakhstan concerning the security market to which changes and additions are made

1. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of October 29, 2008 No. 170 "About approval of Rules of implementation of organization activity of trade with securities and other financial instruments" (it is registered in the Register of state registration of regulatory legal acts at No. 5406, it is published on January 14, 2009 in the Yuridicheskaya Gazeta newspaper No. 5 (1602) the following change:

in the Rules of implementation of organization activity of trade with securities and other financial instruments approved by the specified resolution:

state Item 39 in the following edition:

"39. The transactions of "repo" performed in trade system of stock exchange are made for the term of no more than ninety calendar days taking into account prolongation of initial term of transaction of "repo".".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 60 "About approval of Rules of investment of financial instruments and other property which is part of assets of investment fund, and the list of financial instruments which can be part of assets joint-stock and mutual investment funds" (it is registered in the Register of state registration of regulatory legal acts at No. 7540, it is published on July 4, 2012 in the Kazakhstanskaya Pravda newspaper No. 211-212 (27030-27031) following changes and amendments:

in Rules of investment of financial instruments and other property which is part of the assets of investment fund approved by the specified resolution:

state Item 8 in the following edition:

"8. The managing company performs investment of assets of investment fund in case of observance of the limits of investment set by Rules and the investment declaration of investment fund.";

add with Items 8-1, 8-2 and 8-3 of the following content:

"8-1. The total amount of investments for the asset account of investment fund into the financial instruments issued (provided) by one person and its affiliates, except for financial instruments, the total amount of investments into which for the asset account of investment fund is stipulated in Item 8-2 Rules, does not exceed:

1) twenty percent of net assets value for open or interval mutual investment fund;

2) thirty percent of net assets value for joint-stock investment fund and closed-end investment fund;

3) hundred percent of asset cost open, interval and closed-end investment fund and joint-stock investment fund concerning the money, securities which are subject of the transaction of the return repo concluded with participation of the central partner, government securities of the Republic of Kazakhstan, shares of Exchange Traded Funds (Ekscheyndzh Treyded Fands) on which pricing is tied to the stock indexes.

8-2. The total amount of investments for the asset account of investment fund into the financial instruments issued (provided) by one person whose more than fifty percent of voting shares belong to the state or national managing holding, or the national holding and its affiliates performing activities in one industry of national economy does not exceed:

1) thirty percent of net assets value for open or interval mutual investment fund;

2) fifty percent of net assets value for joint-stock investment fund and closed-end investment fund.

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