9. Appointment of Registrar

(1) The office of the Registrar of Companies is established within the framework of the AFSA.

(2) The Chief Executive Officer of the AFSA must appoint an individual as Registrar of Companies and may dismiss the person from office for proper cause.

(3) In Exercising the Registrar’s Functions, the Registrar must act in an independent way, even though the Registrar is an agent of the AFSA.

10. Registrar’s Objectives and Functions

(1) In Exercising the Registrar’s Functions, the Registrar must pursue the following objectives (the Registrar’s Objectives):

• (a) to promote good practices and observance of the requirements of these Regulations, the Rules and any other Legislation Administered by the Registrar;
• (b) to administer these Regulations, the Rules and any other Legislation Administered by the Registrar in an effective and transparent way;
• (c) to prevent, detect and restrain conduct that is, or may be, in a Contravention of these Regulations, the Rules and any other Legislation Administered by the Registrar;
• (d) to maintain a reliable and up-to-date Register of Companies, and provide public access to the register, in accordance with these Regulations, the Rules and any other Legislation Administered by the Registrar.

(2) The Registrar has the Functions given to the Registrar by or under these Regulations, the Rules or any other AIFC Regulations or AIFC Rules.

(3) The Registrar must Exercise the Registrar’s Functions only in pursuit of the Registrar’s Objectives.

(4) Without limiting subsection (2), the Registrar’s Functions include the following:

• (a) preparing draft rules, standards and codes of practice and submitting them to the Board of Directors of the AFSA for its consideration;
• (b) preparing and adopting non-binding guidance for AIFC Participants, and advising the Board of Directors of the AFSA of any guidance adopted by the Registrar;
• (c) issuing or prescribing forms to be used for these Regulations, the Rules or any other Legislation Administered by the Registrar;
• (d) issuing or prescribing procedures and requirements relating to these Regulations, the Rules or any other Legislation Administered by the Registrar;
• (e) specifying the method of filing, delivery or deposit (however described) of Documents under or for these Regulations, the Rules or any other Legislation Administered by the Registrar, whether by electronic or any other means;
• (f) Exercising any Function delegated to the Registrar under these Regulations or any other Legislation Administered by the Registrar.

(5) The Registrar may permit or require the use of an electronic or computer-based system for the filing, delivery or deposit of Documents or information required under or for these Regulations, the Rules or any other Legislation Administered by the Registrar and may specify the circumstances in which Persons are taken to have signed or certified Documents on an electronic or computer-based system for any purpose under these Regulations, the Rules or any other Legislation Administered by the Registrar.

(6) The Registrar must, through the Exercise of the Registrar’s Functions, assist Kazakhstan to comply with its obligations under any international treaty or other agreement to which it is a party.

(7) The Registrar may do anything the Registrar considers necessary or desirable to be done for or in connection with, or reasonably incidental to, the Exercise of the Registrar’s Functions subject to any applicable Decision-making Procedures.

(8) The Registrar may delegate all or any of the Registrar’s Functions to another Person in accordance with the Rules.