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

of June 7, 2023 No. 53

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the security market

Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the security market to which changes, 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.

It is approved Ministry of Finance of the Republic of Kazakhstan

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of June 7, 2023 No. 53

The list of regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the security market to which changes are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of October 29, 2018 No. 248 "About approval of Rules of state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, cancellations of release of non-state bonds, Requirements to documents for state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, the List of documents for cancellation of release of non-state bonds and requirements to them, Rules of creation and execution of the prospectus of release of non-state bonds (prospectus of the bonded program), changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program)" (it is registered in the Register of state registration of regulatory legal acts at No. 17884) the following changes:

state preamble in the following edition:

"According to the Law of the Republic of Kazakhstan "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Rules of state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, cancellations of release of the non-state bonds approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of state registration of release of non-state bonds (the bonded program), registration of changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program), the private memorandum, cancellations of release of non-state bonds (further - Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About the security market" (further - the Law on the security market), "About state regulation, control and supervision of the financial market and the financial organizations", "About the state services" (further – the Law on the state services) and determine conditions and procedure for state registration of release of non-state bonds (further - bonds) (the bonded program), state registration of changes and (or) amendments (further – registration of changes and (or) amendments) to the avenue of bond issue (the prospectus of the bonded program), the private memorandum, bond issue cancellations.";

3, 3-1, 3-2 and 3-3 to state Items in the following edition:

"3. Legal person issuer (further – the issuer) for state registration of release of non-state bonds, state registration of changes and (or) amendments in conditions of issue of securities sends to authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) through the web portal of Central Securities Depository (further – the portal) the statement electronically in any type.

The list of the documents necessary for rendering the state service, the bases for refusal in rendering the state service, the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service and the term of rendering the state service are provided in the list of the main requirements to rendering the state service "State Registration of Release of Non-state Bonds" (further – the list of requirements to rendering the state service) according to appendix 1 to Rules.

In case of the direction the issuer of the statement through the portal in "personal account" automatically displays the status about acceptance of request for rendering the state service with indication of date and time of receipt of result.

3-1. The authorized body receives data on state registration (re-registration) of the issuer as the legal entity from databases of the central state bodies, and also The Government for Citizens State corporation.

3-2. The employee of authorized body authorized on acceptance and registration of correspondence performs reception of an application of the issuer, its registration and the direction on execution in the division of authorized body responsible for rendering the state service (further – responsible division) in day of its receipt. In case of the address of the issuer after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan, reception of applications is performed the next working day.

The employee of responsible division performs check of completeness of the provided document package and effective period of documents during:

2 (two) working days from the date of registration of a statement in case of state registration of release of non-state bonds;

2 (two) working days from the date of registration of a statement in case of state registration of the bonded program;

2 (two) working days from the date of registration of a statement in case of the state registration of the bonded program and the first bond issue within the bonded program provided by the issuer at the same time;

1 (one) working day from the date of registration of a statement in case of state registration of bond issue within the bonded program registered by authorized body;

1 (one) working day from the date of registration of a statement in case of state registration of bond issue with circulation period no more than 12 (twelve) months;

1 (one) working day from the date of registration of a statement in case of state registration of bond issue which is subject to private placement;

2 (two) working days from the date of registration of a statement in case of registration of changes and (or) amendments to the avenue of bond issue (the prospectus of the bonded program);

1 (one) working day from the date of registration of a statement in case of registration of changes and (or) amendments in the private memorandum.

In case of factual determination of incompleteness and (or) expiration of the submitted documents the employee of responsible division within the terms established by this Item prepares and directs to the issuer motivated refusal in further review applications.

The motivated refusal in further review of the statement signed by the digital signature (further – the EDS) the authorized person of authorized body, goes to the issuer through the portal electronically.

3-3. In case of factual determination of completeness and (or) lack of expiration of the submitted documents the employee of responsible division considers documents on compliance to requirements of the legislation of the Republic of Kazakhstan, prepares the draft of the letter (certificate) or refusal in rendering the state service, signs result of rendering the state service at the authorized person of authorized body during:

12 (twelve) working days in case of state registration of bond issue;

7 (seven) working days in case of state registration of the bonded program;

7 (seven) working days in case of the state registration of the bonded program and the first bond issue within the bonded program provided by the issuer at the same time;

3 (three) working days in case of state registration of bond issue within the bonded program registered by authorized body;

1 (one) working day in case of state registration of bond issue with circulation period no more than 12 (twelve) months;

1 (one) working day in case of state registration of bond issue which is subject to private placement;

7 (seven) working days in case of registration of changes and (or) amendments to the avenue of bond issue (the prospectus of the bonded program);

1 (one) working day in case of registration of changes and (or) amendments in the private memorandum.

In case of identification of the bases for refusal in rendering the state service the authorized body notifies the issuer on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for provision to the issuer of opportunity to express line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the authorized body issues the letter (certificate) or motivated refusal in rendering the state service.

The employee of responsible division within 1 (one) working day after signing of result of rendering the state service directs him to the issuer in "personal account" electronically certified by the EDS of the authorized person of authorized body.

Processes of rendering the state services in all subspecies are identical.";

exclude Item 18;

exclude Items 20 and 20-1;

state Item 22 in the following edition:

"22. In case of loss by the issuer of the original certificate about state registration of bond issue (the certificate on state registration of the bonded program, the certificate on state registration of bond issue within the bonded program), granted by authorized body in case of state registration of bond issue (the bonded program) on paper, the issuer in need of receipt of the duplicate by it sends to authorized body for issue of the duplicate of the certificate on state registration of bond issue (the certificate on state registration of the bonded program, the certificate on state registration of bond issue within the bonded program) through the portal the statement electronically with indication of data on the name of mass media and date of the publication of the message on invalidity of the lost document.

The authorized body sends to the issuer through the portal to "personal account" electronically the duplicate of the document within 10 (ten) working days after the date of receipt of the statement.";

state Item 23 in the following edition:

"23. The authorized body opens information containing in bond issue conditions including, in private memorandums by placement on Internet resource of depositary of the financial reporting of conditions of bond issue (the private memorandum) taking into account the changes and (or) amendments made to them within 3 (three) working days after state registration of bond issue conditions by authorized body (the private memorandum) or state registration of changes and (or) amendments in bond issue conditions (the private memorandum).";

state Item 25 in the following edition:

"25. In case of submission of documents by the issuer for state registration of changes and (or) amendments in conditions of the bond issue registered by authorized body till July 1, 2023, the issuer fills electronic form:

the prospectus of bond issue (the prospectus of the bonded program) according to structure of the prospectus of bond issue (the prospectus of the bonded program) according to appendix 1 to the Rules of creation and execution of the prospectus of release of non-state bonds (the prospectus of the bonded program), changes and (or) amendments to the avenue of release of non-state bonds (the prospectus of the bonded program) approved by this resolution (further – Rules of creation and execution of the prospectus);

the prospectus of bond issue within the bonded program according to structure of the prospectus of bond issue within the bonded program according to appendix 2 to Rules of creation and execution of the prospectus;

the prospectus of bond issue (the prospectus of the bonded program) of the issuer - the nonresident of the Republic of Kazakhstan according to structure of the prospectus of bond issue within the bonded program according to appendix 2 to Rules of creation and execution of the prospectus.

When filling electronic forms updating of data on indicators of financial and economic and economic activity of the issuer is not required.";

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