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

of December 22, 2023 No. 93

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning 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 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 December 22, 2023 No. 93

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 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) the following changes:

state preamble in the following edition:

"According to the Law of the Republic of Kazakhstan "About investment and venture funds" (further - the Law) the Board of National Bank of the Republic of Kazakhstan DECIDES:";

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

to state preamble and Item 1 in the following edition:

"These rules of investment of financial instruments and other property which is part of assets of investment fund (further - Rules), are developed according to the Law and establish procedure for investment of financial instruments and other property which is part of assets joint-stock and mutual investment funds.

1. For the purposes of Rules the following concepts are used:

1) the quotation - the price proposals of counterpartners in financial instruments received by means of mail, electronic or fax connection;

2) managing company - the professional participant of the security market performing activities for management of investment portfolio based on the license granted by authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body);

3) exchange mutual investment fund (Exchange Traded Fund) (ETF) (Ekscheyndzh Treyded Fands) - interval mutual investment fund of index investment which shares address on the stock exchange;

4) investment fund – joint-stock or the mutual investment fund created according to the Law;

5) the counterpartner - the legal entity having rights to conclude bargains with financial instruments according to the legislation of the Republic of Kazakhstan or foreign state;

6) international financial institution – the organization having the international status, created and which is acting on the basis of the international treaty (agreement) or the charter;

7) share of Exchange Traded Funds (ETF) (Ekscheyndzh Treyded Fands) – the hybrid trade instrument on which pricing is tied to this or that asset class (to the share, the bond, commodity products) or to indexes;

8) principal protected notes (принципл протектед ноутс) – debt securities according to which the issuer's guarantee on complete return of the amount of principal debt is established.";

state item 4 in the following edition:

"4. In case of the conclusion of transactions with financial instruments the managing company is guided by the requirements established by the Law of the Republic of Kazakhstan "About the security market", the resolution of Board of National Bank of the Republic of Kazakhstan of February 3, 2014 No. 9 "About approval of Rules of implementation of broker and (or) dealer activities in the security market, procedure for carrying out by the broker and (or) dealer of banking activities" (registered in the Register of state registration of regulatory legal acts at No. 9249.)";

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