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

of December 12, 2025 No. 78

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial 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 regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market according to appendix to this resolution.

2. To provide to department of methodology and prudential regulation of the financial organizations 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, except for paragraphs of the thirty fifth, thirty sixth, fifty fourth, fifty fifth, sixty third, sixty fourth, sixty fifth, sixty sixth, hundred fifth, hundred tenth, hundred twenty seventh, hundred sixty third Item 14 of this resolution which become effective since July 1, 2027.

It is approved Ministry of artificial intelligence and digital development of the Republic of Kazakhstan

It is approved Financial monitoring agency of the Republic of Kazakhstan

It is approved Ministry of national economy 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 December 12, 2025 No. 78

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market to which changes 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 March 1, 2010 No. 25 "About approval of Requirements to implementation by insurance company, branch of the insurance nonresident organization of the Republic of Kazakhstan of insurance activity, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of insurance agents and requirements to procedure for carrying out training" (it is registered in the Register of state registration of regulatory legal acts at No. 6164) the following changes:

state preamble in the following edition:

"According to Item 8 of Article 11-1, Item 1 of Article 18 and item 4 of article 18-1 of the Law of the Republic of Kazakhstan "About insurance activity" the Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations (further – the Agency) DECIDES:";

in Requirements to implementation by insurance company, branch of the insurance nonresident organization of the Republic of Kazakhstan of insurance activity, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of the insurance agents and requirements to procedure for carrying out training approved by the specified resolution:

third of Item 3 to state part in the following edition:

"The insurance contract is signed with the insurer after acceptance by insurance company of the measures for proper check of the client provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction". The insurance company provides observance of requirements for proper check of the client with insurance agents with which agreements of the order are signed.";

3) of Item 8 to state the subitem in the following edition:

"3) provides the organization of training of insurance agent for the minimum training program of insurance agents, including concerning counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 67 "About approval of Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent" (it is registered in the Register of state registration of regulatory legal acts at No. 7552) the following changes:

state preamble in the following edition:

"According to Item 2 of article 17-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", Item 2 of article 26 of the Law of the Republic of Kazakhstan "About insurance activity", Item 3 of article 72-1 of the Law of the Republic of Kazakhstan "About the security market", the subitem 1) 10, the subitem 1) Articles 11, subitem 9-1) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES: Articles";

in Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and the requirements to the documents submitted for receipt of the specified consent, approved by the specified resolution:

state appendix 1 in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market to which changes are made (further – the List);

state appendix 4 in edition according to appendix 2 to the List.

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of July 26, 2013 No. 184 "About approval of Rules of implementation of custodial activities in the security market of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 8692) the following changes:

state preamble in the following edition:

"According to Item 11 of Article 37, of Item 3 of Article 39, of Article 46, the subitem 9) of Item 2 of article 217 of the Social code of the Republic of Kazakhstan, the subitem 8) Item 2 of Article 3 and Item 2 of article 73 of the Law of the Republic of Kazakhstan "About the security market", article 6-3 of the Law of the Republic of Kazakhstan "About project financing of securitization", Item 5 of article 5 of the Law of the Republic of Kazakhstan "About Fund of guaranteeing insurance payments", subitem 9-2) of Item 9 of article 8 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", article 31 of the Law of the Republic of Kazakhstan "About funds of the target capital and endaument-funds (the target capitals)" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in the Rules of implementation of custodial activities in the security market of the Republic of Kazakhstan approved by the specified resolution:

state Item 9-1 in the following edition:

"9-1. The custodial contract with the client is signed after acceptance by custodian of the measures for proper check provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".".

4. Bring in 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" (the following change is registered in the Register of state registration of regulatory legal acts at No. 9249):

in Rules of implementation of broker and (or) dealer activities in the security market, procedure for carrying out by the broker and (or) dealer of the banking activities approved by the specified resolution:

state Item 23-1 in the following edition:

"23-1. The broker contract with the client is signed after acceptance by the broker and (or) dealer of the measures for proper check provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".".

5. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of October 22, 2014 No. 210 "About approval of Rules of registration of transactions with issued securities, concessions of rights to claim according to obligations of issuers on issued securities in system of accounting of nominal continence and system of registers of security holders, provisions of the statement from personal account of the registered person in system of accounting of the central depositary and (or) in system of accounting of nominal continence and provision by the nominee holder of customer information which securities are in its nominal continence upon the demand of the central depositary and the issuer" (it is registered in the Register of state registration of regulatory legal acts at No. 9876) the following changes:

state preamble in the following edition:

"According to Item 1 of Article 36, Item 1 of Article 38, Item 3 of Article 57, Items 1 and 4 of Article 61, Item 1 of article 62 of the Law of the Republic of Kazakhstan "About the security market" and the subitem 10) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

the fourth Item 28 to state part in the following edition:

"When implementing blocking on the bases provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further – the Law on POD/FT/FROMU), the notification goes to the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction according to the Law on POD/FT/FROMU.";

state Item 42 in the following edition:

"42. Transactions on blocking of securities (rights to claim according to obligations of the issuer on issued securities) and to removal of blocking are carried out by the nominee holder in system of accounting of nominal continence based on the relevant documents of the state bodies having such rights according to the procedure, the established legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives taking into account requirements of Item 6-1 of article 65 of the Law on enforcement proceeding, or the order of the client, except for transactions on blocking and removal of blocking based on the list of the organizations and faces tied with financing of the terrorism and extremism provided by the Law on POD/FT/FROMU. When carrying out transaction on blocking securities (rights to claim according to obligations of the issuer on issued securities) from the Section "main" are translated to the Section "blocking" of personal account of the security holder. When carrying out transaction on blocking removal securities (rights to claim according to obligations of the issuer on issued securities) from the Section "blocking" are translated to the Section "main".";

to state part one of Item 56 in the following edition:

"The list of shareholders is constituted in form, according to appendices 2 and 3 to Rules and contains information on owners whose shares are in nominal continence with indication of the number of the stocks owned by them, data on availability of the tax benefits provided to the shareholder according to the Tax code of the Republic of Kazakhstan and also information on the number of the shares belonging to owners, data on whom are absent in system of accounting of the central depositary.".

6. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 19, 2015 No. 249 "About approval of Requirements to organizational structure of the organizer of the biddings and to structure of the listing commission of stock exchange, and also Rules of implementation of activities of structural division of the organizer of the biddings performing activities for supervision of the made transactions in trade system of stock exchange" (it is registered in the Register of state registration of regulatory legal acts at No. 12998) the following changes:

state preamble in the following edition:

"According to Items 1 and 2 of Article 83 and Item 5 of article 84 of the Law of the Republic of Kazakhstan "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Requirements to organizational structure of the organizer of the biddings and structure of the listing commission of stock exchange approved by the specified resolution:

state Item 1 in the following edition:

"1. These Requirements to organizational structure of the organizer of the biddings and structure of the listing commission of stock exchange (further – Requirements) are developed according to Item 1 of Article 83 and Item 5 of article 84 of the Law of the Republic of Kazakhstan "About the security market".";

in Rules of implementation of activities of structural division of the organizer of the biddings performing activities for supervision of the made transactions in trade system of stock exchange, approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of implementation of activities of structural division of the organizer of the biddings performing activities for supervision of the made transactions in trade system of stock exchange are developed according to Item 2 of article 83 of the Law of the Republic of Kazakhstan "About the security market" and establish procedure for activities of structural division of the organizer of the biddings performing activities for supervision of the made transactions in trade system of stock exchange.";

3) of Item 2 to state the subitem in the following edition:

"3) taking measures to proper check of the client, the income provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction";";

state item 4 in the following edition:

"4. Employees of supervising division in case of detection of suspicious transactions which correspond to criteria the established Law of the Republic of Kazakhstan "About the security market", regulatory legal act of authorized body, and (or) internal documents of stock exchange, prepare the report on the suspicious transaction which includes:

1) the description of criterion based on which the security transaction and other financial instruments was carried to number of suspicious;

2) parameters of the suspicious transaction and, if necessary, its graphical illustration;

3) for the suspicious transaction which is part of group of the interconnected suspicious transactions, parameters of such transactions and, if necessary, graphical illustration of this group;

4) the data allowing to make the conclusion about making of the suspicious transaction for the purpose of manipulation in the security market;

5) analytical part in which possible motives for making of the suspicious transaction or influence of this transaction on change of market price of security or other financial instrument, ratio of the demand and supply and (or) influence of this transaction on the income and losses of participants of the transaction are given;

6) the signature of the employee of the supervising division which constituted the report;

7) signature of the chief of supervising division;

8) the resolution of the board member of stock exchange supervising supervising division on the direction of the report in expert committee.".

7. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 19, 2015 No. 252 "About approval of Rules of forming of risk management system and internal control for stock exchange" (it is registered in the Register of state registration of regulatory legal acts at No. 12999) the following changes:

state preamble in the following edition:

"According to article 49-1 of the Law of the Republic of Kazakhstan "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in the Rules of forming of risk management system and internal control for stock exchange approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of forming of risk management system and internal control (further – Rules) are developed for stock exchange according to article 49-1 of the Law of the Republic of Kazakhstan "About the security market" (further – the Law on RTsB) and determine procedure for forming of risk management system and internal control on the stock exchange.";

4) of Item 10 to state the subitem in the following edition:

"4) the procedures directed to counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;";

state Item 16 in the following edition:

"16. The procedures directed to counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction include, but are not limited:

1) identification of clients and monitoring of their transactions according to the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further – the Law on POD/FT/FROMU) if they treat one of transaction types, stipulated in Item 1 article 4 of the Law on POD/FT/FROMU;

2) provision of data and information on the transactions which are subject to financial monitoring including, about suspicious transactions, in the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction according to the Law on POD/FT/FROMU.";

9) of Item 64 to state the subitem in the following edition:

"9) check of efficiency of the procedures directed to counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;";

state Item 67 in the following edition:

"67. The service of internal audit in the activities is guided by the Law of the Republic of Kazakhstan "About joint-stock companies", requirements of Rules, regulations on the organization of internal control system and service of internal audit of stock exchange, and also other internal documents of stock exchange.".

8. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of June 29, 2018 No. 140 "About approval of Requirements to proper check of clients in case of remote establishment of business relations by subjects of financial monitoring" (it is registered in the Register of state registration of regulatory legal acts at No. 17250) the following changes:

state preamble in the following edition:

"According to Item 9 of article 5 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Requirements to proper check of clients in case of remote establishment of the business relations by subjects of financial monitoring approved by the specified resolution:

state Items 1 and 2 in the following edition:

"1. These Requirements to proper check of clients in case of remote establishment of business relations by subjects of financial monitoring (further – Requirements) are developed according to Item 9 of article 5 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of the income received in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further – the Law on POD/FT) and extend to the subjects of financial monitoring specified in subitems 1) (except for the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values), 2) (except for commodity exchanges, exchange brokers, performing the activities at commodity exchange and making transactions with exchange goods, and clearing centers of commodity exchanges), 3), 4), 5) and 11) Item 1 of article 3 of the Law on POD/FT (further – subjects of financial monitoring).

2. The subject of financial monitoring makes the decision on remote establishment of business relations with clients independently taking into account assessment of risk degree of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction (further – OD/FT) as the client, country (geographical) risk, risk of service (product) and (or) method of her (his) provision.";

4) to state the subitem to part one of Item 11 in the following edition:

"on other bases provided by the Tax code of the Republic of Kazakhstan, the Law on POD/FT, the Law of the Republic of Kazakhstan "About payments and payment systems"".

9. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2018 No. 198 "About approval of Rules of forming of risk management system and internal control for the insurance (reinsurance) organizations, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 17462) the following changes:

state preamble in the following edition:

"According to part two of Item 1 of article 52-1 of the Law of the Republic of Kazakhstan "About insurance activity", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Rules of forming of risk management system and internal control for the insurance (reinsurance) organizations, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan approved by the specified resolution:

state Item 2 in the following edition:

"2. In Rules the following concepts are used:

1) underwriting – complex of procedures for acceptance on insurance or reinsurance of the declared object of insurance on the basis of assessment of insurance risks for the purpose of determination of insurance coverage, conditions of insurance, level of the franchize and insurance rate in the limits set by the actuary;

2) the management reporting – the instrument of internal control and assessment of organization activity;

3) gap analysis – methods of measurement of interest risk and liquidity risk on the basis of comparison of amount of the assets and liabilities of the organization subject to changes of rates of remuneration or due for settlement during certain terms;

4) corporate management – set of the processes which are providing management of organization activity, including the relations between shareholders, the board of directors, executive body and other bodies of the organization for the benefit of shareholders.

The corporate management system allows to organize distribution of powers and responsibility in the organization, and also to construct corporate decision making process;

5) limitation – establishment of high-quality, quantitative restrictions of the accepted risks, establishment of restrictions for transactions (transactions) of the organization.

In case of limitation the following parameters are determined:

indicator on which the limit is set;

method of measure calculation on which the limit is set;

limiting (maximum, minimum) measure value;

6) conflict of interest – situation in case of which there is contradiction between personal interest of officials of the organization and (or) his workers and execution of the ex-officio full powers by them or valuable and other interests of the organization and (or) his workers and (or) clients which can entail adverse effects for the organization and (or) his clients;

7) the address of the client – the statement or the claim of person for assistance in realization of its rights and freedoms or the rights and freedoms of other persons or the message on violation of the law of the Republic of Kazakhstan on insurance and insurance activity and (or) internal documents of the organization, shortcomings of work of the organization, her officials, or the critic of their activities, and also positive reviews, responses, offers on organization activity;

8) policy – set of the internal documents including the policy and (or) other internal documents determining the necessary criteria, parameters, approaches, the principles, standards, procedures and mechanisms providing effective functioning of the organization and compliance of its activities of strategy and to admissible risk level;

9) stress testing – methods of measurement of potential influence on financial position of the organization of exclusive, but possible events which can exert impact on organization activity;

10) risk – possibility of emergence of the circumstances causing uncertainty or impossibility of receipt of the expected results of organization activity, emergence of expenses (losses);

11) risk culture – the processes, procedures, internal regulations of the organization directed to understanding, acceptance, management and control of risks for the purpose of minimization of their influence on financial condition of the organization and also ethical standards and standards of professional activity of all participants of organizational structure. The risk culture supplements the existing approved procedures, processes and mechanisms of organization activity and is the integral component of risk management system;

12) system of risks assessment – set of the coefficients intended for complex financial analysis of the organization;

13) risk management system – the permanent structured process established by the board of directors and board of the organization performed within all organization for the purpose of identification, assessment, monitoring, decrease in the risks and their effects influencing goal achievement of the organization;

14) the required capital based on risks – the amount of means for covering of potential losses determined by the organization on the basis of own model including carrying out stress testing, assessment of probability of approach of risks and their correlation;

15) the card of risk – the graphical and text description of the risks of the organization located in the table according to which on one "axis" force of impact or the importance of risk, and on another probability or frequency of its origin is specified;

16) risk limit – means of quantitative or high-quality restriction of the accepted risk;

17) identification of risk – process of stay, creation of the list and description of risk elements;

18) risk measurement – determination of degree of risk probability and the sizes of potential expenses (losses) which are performed by means of assessment of effects and probability of approach of event in the mathematical way by means of application of probability theory and the law of large numbers on the basis of statistical data;

19) authorized body – authorized body on regulation, control and supervision of the financial market and the financial organizations;

20) internal audit – indivisible element of managerial supervision by means of which the service of internal audit estimates the financial reporting, and also other data and information which are giving in to quantitative and quality standard of organization activity for the purpose of further reflection of degree of its compliance to the legislation of the Republic of Kazakhstan on insurance and insurance activity on compulsory insurance, about joint-stock companies, about the security market, about counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, internal documents, the international professional standards of internal audit;

21) internal control is the process performed by the board of directors, collegiate organs, board, employees of the organization, aimed at providing goal achievement on the following categories:

efficiency of activities;

reliability, completeness and timeliness of the financial reporting and other management reporting;

compliance with law of the Republic of Kazakhstan about insurance and insurance activity, about compulsory insurance, about joint-stock companies, about the security market, about counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

22) internal control system – the set of control procedures, actions and techniques providing:

effective conducting financial and economic organization activity;

observance of requirements of the legislation of the Republic of Kazakhstan on insurance and insurance activity, about compulsory insurance, about joint-stock companies, about the security market, about counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

effective separation of responsibility;

timely execution by employees of the organization of requirements of internal documents;

ensuring safety of property;

prevention and identification of the facts of fraud and managerial mistakes;

timeliness of preparation, reliability and completeness of the financial reporting and other management reporting.

In case of application of requirements of Rules to branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan:

the board of directors is understood as relevant organ of management of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan;

the board is understood as leading employees of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan;

the capital is meant as the amount of the account of head office, reserves and results of activities of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan;

the financial reporting is understood as the reporting under accounting data of branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan.

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