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 August 5, 2009 No. 180

About approval of the Instruction about normative values of prudential standard rates, technique of their calculations for the accumulation pension funds

According to item 4 of article 41 of the Law of the Republic of Kazakhstan of June 20, 1997 "About provision of pensions in the Republic of Kazakhstan", Article 5 and the subitem 5) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation and supervision of the financial market and the financial organizations", 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:

1. Approve the enclosed Instruction about normative values of prudential standard rates, technique of their calculations for the accumulation pension funds (further - Instructions).

2. Declare invalid regulatory legal acts, according to appendix to this resolution.

3. This resolution becomes effective after fourteen calendar days from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan, except for subitems 11) and 12) of Item 15 of the Instruction which become effective since January 1, 2010.

Action of the paragraph of the fourth subitem 3) of Item 15 of the Instruction approved by this resolution extends till January 1, 2014.

Chapter 6-1 of the Instruction becomes effective since January 1, 2015.

4. To department of strategy and analysis (Abdrakhmanov N. A.):

1) together with Legal department (Sarsenov N. V.) to take measures to state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) in ten-day time from the date of state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan to bring it to the attention of the interested divisions of the Agency, Consolidation of legal entities "The association of financiers of Kazakhstan".

5. To department of information technologies (Tusupov K. A.) till December 1, 2009 to provide completion of the Automated information subsystem "Automation of forming of the reporting of the accumulation pension funds and professional participants of the security market".

7. To impose control of execution of this resolution on the vice-chairman of the Agency Aldambergen A. U.

Approved by 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 August 5, 2009 No. 180

The instruction about normative values of prudential standard rates, technique of their calculations for the accumulation pension funds

This Instruction about normative values of prudential standard rates, technique of their calculations is developed for the accumulation pension funds according to item 4 of article 41 of the Law of the Republic of Kazakhstan of June 20, 1997 "About provision of pensions in the Republic of Kazakhstan" (further - the Law on provision of pensions), Article 5 and the subitem 5) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and establishes normative values and technique of calculations of the prudential standard rates obligatory to observance by the accumulation pension funds (further - Fund), and also forms of the corresponding reporting and terms of its representation.

The regulations provided by this Instruction regarding affiliirovanny persons of Fund are not applied to the legal entities and their affiliirovanny persons which are affiliirovanny with Fund as a result of direct (on banks - indirect) ownerships of twenty five and more percent of voting shares of the specified organizations by joint-stock company "National welfare fund "Samruk-Kazyna".

Chapter 1. General provisions

1. In this Instruction the following concepts are used:

1) own assets of Fund - the assets representing the resources controlled by Fund as a result of last events from which the Fund expects receipt of economic benefit in the future and reflected in balance of Fund;

Total 2) coefficient of sufficiency of equity - the amount of coefficients of sufficiency of equity of the Fund calculated according to this Instruction and coefficient of sufficiency of the equity of the organization exercising investment control of pension assets (further - the Organization), calculated according to the legislation of the Republic of Kazakhstan;

3) authorized body - Committee on control and supervision of the financial market and financial organizations of National Bank of the Republic of Kazakhstan;

4) stock exchange - the legal entity created in form of business of joint-stock company, performing organizational and technical supply of the biddings by their direct carrying out with use of trade systems of this organizer of the biddings.

2. For the purposes of this Instruction in addition to rating estimates of the Standard & Poor's agency authorized body on regulation, control and supervision of the financial market and the financial organizations rating estimates of the Moody's Investors Service and Fitch agencies, and their affiliated rating organizations are also recognized (further - other rating agencies).

3. When weighing pension assets on risk degree, and also in case of determination of quick assets in the presence of rating assessment on the international and (or) national scale the highest rating assessment on the international and (or) national scale of one of the rating agencies recognized by authorized body on regulation, control and supervision of the financial market and the financial organizations according to Item 2 of this Instruction is taken into consideration.

4. For the purposes of this Instruction international financial institutions are understood as the following international financial institutions:

International Bank for Reconstruction and Development;

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