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

of November 27, 2023 No. 87

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation and market development of securities

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 regulation and market development of securities 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.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of November 27, 2023 No. 87

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation and market development of securities to which changes are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of April 27, 2018 No. 79 "About establishment of types of prudential standard rates for the organizations performing activities for management of investment portfolio, approval of rules and method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing activities for management of investment portfolio" (it is registered in the Register of state registration of regulatory legal acts at No. 17008) the following changes:

in Rules of calculation of values of the prudential standard rates obligatory to observance by the organizations performing activities for management of investment portfolio approved by the specified resolution:

state appendix in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation and market development of securities to which changes are made (further – the List);

Method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing the activities for management of investment portfolio approved by the specified resolution to state in edition according to appendix 2 to the List.

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of April 27, 2018 No. 80 "About establishment of types of prudential standard rates for the organizations performing broker and (or) dealer activities in the security market, approval of rules and method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing broker and (or) dealer activities in the security market" (it is registered in the Register of state registration of regulatory legal acts at No. 17005) the following changes:

in Rules of calculation of values of the prudential standard rates obligatory to observance by the organizations performing broker and (or) dealer activities in the security market approved by the specified resolution:

state appendix in edition according to appendix 3 to the List;

Method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing the broker and (or) dealer activities in the security market approved by the specified resolution to state in edition according to appendix 4 to the List.

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 300 "About establishment of the factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio and also approval of Rules of approval of the actions plan providing measures of early reaction, and the Technique of determination of the factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio" (it is registered in the Register of state registration of regulatory legal acts at No. 18198) the following changes:

to state preamble and Item 1 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:

1. Establish the following factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio:

1) decrease in coefficient of sufficiency of equity;

2) decrease in amount of total quick assets;

3) unprofitable activities.";

in the Rules of approval of the actions plan providing measures of early reaction, approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of approval of the actions plan providing measures of early reaction (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About the security market" (further – the Law) and determine procedure for approval by authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body) the actions plan providing measures of early reaction for increase in financial stability of the organization performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio (further - the organization).";

To state technique of determination of the factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) the activities for management of investment portfolio approved by the specified resolution in edition according to appendix 5 to the List.

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