2.2 Financial Resources
2.2.1 Financial resources
(1) A PRU Investment Firm, other than an Externally Regulated PRU Investment Firm, must have and maintain, at all times, Capital Resources and Liquid Assets of at least the minimum kinds and amounts required by, and calculated in accordance with, these PRU(INV) Rules.
(2) A PRU Investment Firm to which Rule 2.2.1(1) applies must have and maintain, at all times, Capital Resources and Liquid Assets that are adequate in relation to the nature, scale and complexity of its business and its risk profile, to ensure that there is no significant risk that its liabilities cannot be met as they fall due.
2.2.2 Financial resources—Externally Regulated PRU Investment Firms
An Externally Regulated PRU Investment Firm must:
- (a) ensure that its AIFC Operation has, and maintains, at all times, access to financial resources that are adequate in relation to the nature, scale and complexity of the business of its AIFC Operation and its risk profile, to ensure that there is no significant risk that any liabilities assumed by or through the AIFC Operation cannot be met as they fall due;
- (b) if and to the extent so directed by the AFSA, hold some or all of the resources in paragraph
- (a) in one or more bank accounts or custody accounts maintained in Kazakhstan in the name of the AIFC Operation, on terms whereby those resources may be withdrawn and applied only by authorised representatives of the AIFC Operation; and
- (c) comply with the prudential requirements set by its home Financial Services Regulator.
2.2.3 Intervention power of AFSA
If the AFSA is not satisfied that a PRU Investment Firm is in compliance with Rule 2.2.1 or 2.2.2 (as applicable) then it may impose a requirement on that PRU Investment Firm to have and maintain additional amounts of Capital Resources and/or Liquid Assets, and/or to hold additional financial resources in one or more bank accounts or custody accounts maintained in Kazakhstan, and the PRU Investment Firm must comply with that requirement.