1. Definitions for these Regulations

In these Regulations:

Accounting Records means Records and underlying Documents comprising initial and other accounting entries and associated supporting Documents, including, for example, any of the following:

1. (a) cheques;
2. (b) Records of electronic funds transfers;
3. (c) invoices;
4. (d) contracts;
5. (e) the general and subsidiary ledgers, journal entries and other adjustments to the financial statements that are not reflected in journal entries;
6. (f) worksheets and spreadsheets supporting costs allocations, computations, reconciliations and disclosures.

AFSA means the Astana Financial Services Authority.

AIFC means the Astana International Financial Centre.

Auditor means a Person who is registered by the Registrar of Companies as an auditor under the AIFC Companies Regulations.

Authorised Activities has the meaning given by section (Authorised Activities of Incorporated Organisations).

Board means the governing body of the Incorporated Organisation. Charter of Organisation, of an Incorporated Organisation, means its Charter of Organisation as originally adopted or as amended in accordance with these Regulations.

Company means a Company or Recognised Company under the AIFC Companies Regulations.

Constitutional Statute means Constitutional Statute of the Republic of Kazakhstan dated 7 December 2015 entitled. On the Astana International Financial Centre. Contravene includes Fail to comply with.

Contravenes these Regulations has the meaning given by section 169 (When does a Person Contravene these Regulations) of the AIFC Companies Regulations.

Court means the Astana International Financial Centre Court.

Decision-making Procedures, in relation to the making of a decision by the Registrar of Companies, means the procedures prescribed by the Rules that apply to the making of the decision by the Registrar.

Document includes any summons, notice, statement, return, account, order and other legal process, and any register.

Employee, of an Incorporated Organisation, means an individual who is appointed or employed by the Incorporated Organisation or whose services are provided to, or for the purposes of, the Incorporated Organisation.

Exercise a Function includes perform the Function.

Fail includes refuse.

FATF means the Financial Action Task Force, an inter-governmental body whose purpose is the development and promotion of international standards to combat money laundering and terrorist financing.

FIU means the Financial Intelligence Unit of the Republic of Kazakhstan, a state authority carrying out financial monitoring and taking other measures on combating the legalisation (laundering) of proceeds from crime, the financing of terrorism, and the financing of proliferation of weapons of mass destruction in accordance with the Kazakhstan legislation.

Founding Member, of an Incorporated Organisation, means a Person:

1. (a) who was:
2. (i) an applicant for the Incorporated Organisation’s incorporation; or
3. (ii) appointed after its incorporation as a Founding Member by Special Resolution of the Founding Members; and
4. (b) has not ceased to be a Founding Member under the Charter of Organisation.

Function includes authority, duty and power.

Incorporated Organisation means an Incorporated Organisation registered under these Regulations.

Legislation Administered by the Registrar has the meaning given by section 1 of Schedule 1 of the AIFC Companies Regulations. Management Council means the Management Council of the Astana International Financial Centre.

Management Council Resolution on AIFC Bodies means The Structure of the Bodies of the Astana International Financial Centre, adopted by resolution of the Management Council on 26 May 2016, as amended by resolution of the Management Council, The Amendments and supplementations to the Structure of the Bodies of the Astana International Financial Centre, adopted on 9 October 2017.

Person means any natural person or incorporated or unincorporated body, including a Company, partnership, unincorporated association, government or state.

Records means Documents, information and other records, in whatever form and however stored.

Registrar means the Registrar of Companies.

Registrar of Companies means the individual who is the Registrar of Companies appointed under the AIFC Companies Regulations.

Rules means rules adopted by the Board of Directors of the AFSA under section 181 of the AIFC Companies Regulations.

Special Resolution, of the Founding Members of an Incorporated Organisation, means a resolution passed at a meeting of the Founding Members by the votes of at least 75% of the Founding Members present at the meeting in person or, if proxies are allowed, by proxy, if notice specifying the intention to propose the resolution was duly given.

Writing includes:

1. (a) in relation to a certificate, instrument, notice or other thing—the thing in any form that preserves a record of the information contained in it and is capable of being reproduced in tangible form, including by electronic means; and
2. (b) in relation to a communication—any method of communication that preserves a record of the information contained in it and is capable of being reproduced in tangible form, including by electronic means.