Entire Act

CHAPTER 4–EXEMPTIONS

179-8 Exemptions

The requirements in this Part do not apply to a Relevant Person which:

(1) has its Securities listed or traded on a Recognised Exchange;

(2) [Intentionally omitted];

(3) is a Recognised Company, Recognised General Partnership, Recognised Limited Partnership or Recognised Limited Liability Partnership, which satisfies the Registrar that it is subject to equivalent international standards, which ensure adequate transparency of ownership information in its home jurisdiction;

(4) is a Non-Profit Incorporated Organisation which does not, as its primary function, engage in raising or disbursing funds for charitable, religious, cultural, educational, social, fraternal or similar purposes;

(5) is wholly owned by a government or government agency of a Relevant Jurisdiction; or

(6) is established under a law of Kazakhstan to perform governmental functions.

179-9 Ownership through an exempt entity

Notwithstanding Chapters 1 to 3 and Chapter 5, where a Person referred to in section 179-8(1) to (6) (Exemptions) beneficially owns or controls (directly or indirectly) at least 25% of a Relevant Person, the Relevant Person shall:

(1) not be required to make any further inquiry as to its Ultimate Beneficial Ownership, to the extent that such ownership is directly or indirectly held by or through such an entity; and

(2) record the following information in respect of each such entity on its Beneficial Ownership Register:

  1. (a) full legal name;
  2. (b) registered address;
  3. (c) the category under section 179-8 that applies to the entity; and
  4. (d) if the entity:
  5. (i) has its securities listed or traded on a Recognised Exchange, the name of the Recognised Exchange;

(ii) [Intentionally omitted];

(iii) is wholly owned by a government or government agency, its name and the Relevant Jurisdiction; or

(iv) is established under a law of Kazakhstan to perform governmental functions, the name of such law.