LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2021 No. 96-VIІ ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning trading activity, development of stock exchange trading and personal data protection

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

10) of Item 3 of Article 116 of the word of "electronic trading platforms" shall be replaced with words 1) in the subitem "commodity exchanges";

Shall be replaced with words 2) in heading and the text of Article 124-1 of the word of "electronic trading platforms" "commodity exchanges".

2. In the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity":

Subitem 14-1) of Article 1 to exclude 1);

Chapter 6 to add 2) with Article 32-2 of the following content:

"Article 32-2. Wholesale distribution centers

Wholesale distribution center the multipurpose infrastructure trade and logistic complex consisting of the storage facilities, pavilions and (or) other rooms with the special equipment intended for the corresponding storage and (or) accomplishment of purchasing, preparatory, distribution and (or) other transactions with food products which share constitutes at least sixty percent from general range of goods, and nonfoods which list is determined by requirements to wholesale distribution centers, for their subsequent wholesale and (or) retail trade in the internal and (or) external markets is recognized.

Wholesale distribution centers render range of services or depending on technological specialization and type of the rendered services can share on:

1) the wholesale distribution center of storage is the real estate object intended for storage and accomplishment of purchasing, preparatory, distribution and (or) other transactions with food products, which mainly is located near production sites of fruit and vegetable products and products of crop production and rendering to domestic agricultural producers, participants of foreign trade activity and subjects of domestic trade of service in acceptance, storage and preprocessing (cleaning, calibration, sorting, packaging and other services) of agricultural products for the subsequent sale in the internal and external markets;

2) the wholesale distribution center of distribution is the real estate object intended for storage and distribution food and nonfoods on subjects to sale and rendering logistics services on temporary storage and overload (transfer) of goods for needs of shopping facilities;

3) the wholesale distribution center of trade is the real estate object providing to participants of foreign trade activity and (or) subjects of domestic trade easy access to floor spaces, storage locations and other rooms within infrastructure trade and logistic complex for implementation of trading activity.".

3. In the Law of the Republic of Kazakhstan of May 4, 2009 "About commodity exchanges":

1) in Article 1:

in subitems 1-1) and 2) shall be replaced with words the words "the legal entity performing" "the subject of entrepreneurship performing";

subitems 2-1) and 3) to state in the following edition:

"2-1) exchange providing - the cash cover brought on returnable basis by participants of stock exchange trading in commodity exchange or clearing center of commodity exchange for participation in the exchange biddings as ensuring execution of the obligations on the concluded stock exchange transactions;

3) stock exchange trading - the business activity on realization of exchange goods performed at commodity exchange by carrying out the exchange biddings electronically, registration and execution of transactions according to the legislation of the Republic of Kazakhstan on commodity exchanges;";

4) to exclude the subitem;

subitems 5), and 11-2) to state 6), 7), 10) in the following edition:

"5) the exchange biddings - the process which is carried out within rules of stock exchange trading, directed to transactions on exchange goods on the basis of the electronic applications submitted to the electronic trading system of commodity exchange providing automation of process of the conclusion of stock exchange transactions;

6) participants of stock exchange trading are the clients, brokers, dealers and market makers interacting at commodity exchange on statutory rules of stock exchange trading;

7) exchange goods - the standardized or not standardized goods allowed by commodity exchange to exchange trade taking into account the restrictions established by this Law;";

"10) the client - the physical person including registered as the individual entrepreneur, or the legal entity using services of the broker for transactions with exchange goods according to the procedure, established by this Law;";

"11-2) mode of double counter auction - the trade mode in case of which stock exchange transactions are concluded anonymously as a result of sales contest and buyers and the price of the standardized goods are established on equilibrium level of the demand and supply;";

add with subitem 11-3) of the following content:

"11-3) market maker - the legal entity creating and maintaining liquidity of the stock exchange market by drawing of quotations and adoption of obligations on purchase and sale of terminal contracts;";

in subitem 14-1) "participation" shall be replaced with words the word "participation of commodity exchanges,";

add with subitem 14-3) of the following content:

"14-3) trade lot - quantity of exchange goods, multiple to which there shall be quantity of exchange goods specified in the request for sale (purchase) of exchange goods;";

state subitems 16-1) and 16-2) in the following edition:

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