NOTICES 2023
AFSA NOTICE No. AFSA-F-NB-2023-0007 ON CLASS MODIFICATION IN RESPECT OF OBTAINING OF APPROVAL FOR DIGITAL ASSETS THAT WERE PREVIOUSLY APPROVED BY THE ASTANA FINANCIAL SERVICE AUTHORITY TO TRADING ON THE DIGITAL ASSET TRADING FACILITIES
A
AFSA NOTICE № AFSA-O-EC-2023-0728 IN RESPECT OF EXEMPT FUNDS
THE REGISTRAR OF COMPANIES OF THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Section 6.3.3(b) of the AIFC Companies Rules may be not applied to Exempt Funds with 15 or fewer Clients, subject to the conditions set by this notice, upon a Fund Manager’s application for a waiver or its consent to apply a waiver.
CONDITION
Reaching the threshold of 15 Clients does not require the registration of a new Exempt Fund. An incorporated fund may continue its operations but can onboard additional Clients only after obtaining the AFSA's Written consent.
DISCLAIMER
The requirements outlined in Clause 4.7 of the AIFC CIS Rules (Requirements for notification) and Schedule 9 of the AIFC Fees Rules (fees for providing notification for an Exempt Fund) remain mandatory for fund managers.
Please note that the AFSA assumes no responsibility for the fund's operation, or any actions taken by the fund manager. The fund manager is solely responsible for compliance and regulation associated with the fund's operation.
However, the constitution and offering materials of funds must comply with the AIFC regulations and rules, including, but not limited to:
× AIFC Financial Services Framework Regulations
× AIFC General Rules
× AIFC Conduct of Business Rules
× AIFC Collective Investment Scheme Rules
× AIFC Market Rules
× AIFC Companies Rules
× AIFC Companies Regulations
× AIFC Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Rules
× AIFC Prudential Rules for Investment Firms
BACKGROUND
In order to align AFSA's regulatory framework with the international best practices and improve efficiency, continuous enhancements are being made to the regulatory regime applicable to funds in the AIFC. As part of this approach, Exempt Funds with 15 or fewer Clients may be eligible for an exemption from Section 6.3.3(b) of the AIFC Companies Rules upon the Fund Manager's application for a waiver or its consent to apply a waiver.
EFFECTIVE PERIOD
This notice comes into effect on the date of publishing and remains in force until further notice.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
AFSA NOTICE NO. AFSA-N-NB-2023-0002 ON WAIVER
WAIVER NOTICE
WAIVER NOTICE No. AFSA-N-NB-2023-0002
|
To |
Astana International Exchange Central Securities Depository Ltd. |
|
Business identification number |
180840900020 |
|
Permitted Activities |
Operating a Clearing House; Providing Custody Providing Money Services |
|
The address of the Registered Office |
55/19 Mangilik El avenue, Astana, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The Rule specified in the Table herein does not apply to the above mentioned Person.
RULE WAIVED
|
AIFC Act |
Waived Rule |
|
AIFC Prudential Rules for Investment Firms |
6.2 Preparing Returns (1) A PRU Investment Firm, other than an Externally Regulated Investment Firm, must submit quarterly and annual prudential returns to the AFSA using the templates prescribed for this purpose by the AFSA from time to time. (2) Annual prudential returns of a PRU Investment Firm must contain a certification by the same auditor that is responsible for auditing the PRU Investment Firm's annual financial statements. The certification must relate to the annual prudential returns and each set of unaudited quarterly returns that have been submitted to the AFSA by the PRU Investment Firm in the previous year. |
CONDITIONS
Requirements of Rules 3 on Minimum Capital requirement and 4 on Liquid Assets requirement of the AIFC Prudential Rules for Investment Firms remain in force. Compliance with these rules must be reflected in quarterly management reports to be submitted to the AFSA.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY
AFSA NOTICE № AFSA-O-EC-2023-0603 (HITBEAT MUSIC INC.)
Notice No. AFSA-O-EC-2023-0603
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with Section 8(3) of the AIFC Companies Regulations the Registrar of Companies has suspended the activity of the Representative Office of HITBEAT MUSIC INC. registered in the AIFC as a Recognised Company on 4 October 2021.
The suspension is made due to the Registrar has the grounds to believe that the Recognised Company is likely to contravene the number of rules of the AIFC Acting Law, and its activity may entail reputational risks to the AIFC and harm the market.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED BY THE REGISTRAR OF COMPANIES PURSUANT TO SECTION 8 OF THE AIFC COMPANIES REGULATIONS.
AIFC Notice No. AFSA-O-EC-2023-0010 on Administrative Fees Payable to the Registrar of Companies in Respect of Post-Registration Procedures and Processing Inquiries (Annex1)
NOTICE No. AFSA-O-EC-2023-0010
The REGISTRAR OF COMPANIES HEREBY GIVES NOTICE THAT:
The fees for administrative services (excluding post-registration and processing inquiries fees for Non-Profit Incorporated Organisations and Foundations) set out in SCHEDULE 5-1 are applied as follows:
Administrative Services | Fee (USD) | |
online | paper | |
Processing inquiries | 20 | 20 |
Post-registration procedures | 50 | 50 |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until 28 February or further notice of the Registrar of Companies is issued.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES.
AFSA NOTICE No AFSA-O-NB-2023-0001 on Withdrawal of the Licences to carry on Ancillary Services
NOTICE № AFSA-O-NB-2023-0001
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Pursuant to Rule 1.3.6. of the AIFC General Rules, the AFSA has withdrawn the following Licences to carry on Ancillary Services:
Firm name | Licence number |
Agency Green Advising Limited | 102018-001 |
Alliance Business Services Limited Liability Partnership | AFSA-A-LA-2020-0046 |
Amanie Advisors Astana Ltd. | AFSA-A-LA-2019-0024 |
Atelier Ltd. | AFSA-A-LA-2020-0032 |
BFC Ltd. | AFSA-A-LA-2019-0054 |
BP-Group Ltd. | AFSA-A-LA-2019-0025 |
Castellamar Consulting Group Kazakhstan Ltd. | AFSA-A-LA-2020-0044 |
Crowe RAS Astana Limited Liability Partnership | AFSA-A-LA-2019-0026 |
Eurasia Media Group (EM Group) Ltd. | AFSA-A-LA-2019-0037 |
Gilman and Company Limited | 092018-005 |
GOLDEN BUSINESS AND MANAGEMENT Limited | AFSA-A-LA-2021-0038(С) |
GT Company Ltd. | AFSA-A-LA-2020-0003 |
McQuhae &Company Limited | AFSA-A-LA-2019-0043 |
Usmani & Usmani Private Limited | AFSA-A-LA-2020-0038 |
VektorConsulting Ltd. | AFSA-A-LA-2020-0018 |
WellDone Education Ltd. | AFSA-A-LA-2019-0064 |
The withdrawal is made due to the failure of the Firms to comply with Rule 3 (Annual Supervision Fees Payable to the AFSA) of the AIFC Fees Rules.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice of the AFSA.
AFSA Notice № AFSA-O-EC-2023-0240 on administrative fees payable to the Registrar of Companies_15 March 2023
THE REGISTRAR OF COMPANIES HEREBY GIVES NOTICE THAT:
The fees for administrative services (excluding post-registration and processing inquiries fees for Non-Profit Incorporated Organisations and Foundations) set out in SCHEDULE 5-1 are applied as follows:
Administrative Services | Fee (USD) | |
online | paper | |
Processing inquiries | 20 | 20 |
Post-registration procedures | 50 | 50 |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until 15 March or further notice of the Registrar of Companies is issued.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES.
AFSA Notice № AFSA-Q-NB-2023-0002 On Withdrawal Of The Licence Of Otan Private Bank Ltd.
NOTICE No. AFSA-Q-NB-2023-0002
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
In accordance with Section 98 of the AIFC Financial Services Framework Regulations (the “FSFR”) the AFSA has withdrawn the Licence of Otan Private Bank Ltd. (the “Bank”) No. AFSA-A-LA-2020-0011 dated 20 March 2020.
The withdrawal is made due to the official application of Otan Private Bank Ltd. to withdraw a Licence to carry on Regulated Activities.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED BY THE AFSA PURSUANT TO SECTION 98 OF THE FSFR.
AFSA Notice № AFSA-T-NB-2023-0001 On Cancellation of Suspension Sanity Capital
NOTICE No. AFSA-T-NB-2023-0001
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with Section 95(3)(a) of the AIFC Financial Services Framework Regulations, the AFSA has cancelled the suspension of Licence AFSA-A-LA-2021-0027 dated 20 September 2021 issued to Sanity Capital Ltd.
The cancellation of suspension of the Licence is made due to Sanity Capital Ltd’s rectification of its previous non-compliance with the AFSA’s capital and liquidity requirements as set out in the AIFC Prudential Rules for Investment Firms and requirements for certain appointments to be filled at all times by Approved Individuals or Designated Individuals as set out in the AIFC General Rules.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice of the AFSA.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED BY THE ASTANA FINANCIAL SERVICES AUTHORITY PURSUANT TO SECTION 9 OF THE AIFC FINANCIAL SERVICES FRAMEWORK REGULATIONS.
AFSA Notice № AFSA-N-NB-2023-0001 On Waiver
WAIVER NOTICE No. AFSA-N-NB-2023-0001
To | Astana International Exchange Limited |
Business identification number | 171140900016 |
Permitted Activity | Operating an Exchange |
The address of the Registered Office | 55/19 Mangilik El avenue, Astana, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The Rule specified in the Table herein does not apply to the above mentioned Person to admit the globally depositary receipts (GDRs) and Shares to trading and permit the offer of such securities in or from AIFC, which remain listed on an Equivalent Regulated Exchange (ERE), but temporarily suspended from trading on such ERE for reasons beyond the issuers’ control.
RULE WAIVED
AIFC Act | Waived Rule |
AIFC MARKET RULES (MAR) | 1.2.2 (1)(m)(i) the Securities, or Securities of the same class, have been admitted to trading and continuously traded on the other market for more than 18 months; and |
CONDITIONS
This Notice will be applicable to the GDRs and Shares that had been continuously traded for more than 18 months on ERE by the time the suspension happened. Each suspension case will be reviewed by the AFSA as part of the listing review process.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY
AFSA NOTICE NO. AFSA-O-EC-2023-0328 ON ADMINISTRATIVE SERVICES FEES PAYABLE TO THE REGISTRAR OF COMPANIES IN RESPECT OF POST-REGISTRATION PROCEDURES AND PROCESSING INQUIRIES
THE REGISTRAR OF COMPANIES HEREBY GIVES NOTICE THAT:
The fees for administrative services (excluding post-registration and processing inquiries fees for Non-Profit Incorporated Organisations and Foundations) set out in SCHEDULE 5-1 are applied as follows:
Administrative Services | Fee (USD) | |
online | paper | |
Processing inquiries | 20 | 20 |
Post-registration procedures | 50 | 50 |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until 15 April or further notice of the Registrar of Companies is issued.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES.
AFSA Notice № AFSA-O-EC-2023-0289 on the modification confirmation
THE REGISTRAR OF COMPANIES OF THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Section 17(1) (Notification of change in Registered Details of Company), Section 22(2) (Change of Company name) are applied to AIFC Business Connect Ltd. with the modification as specified in the right-hand column of Table A under the certain conditions set by this written notice.
Regarding the requested modification of the provision of the AIFC Limited Liability Regulations, pursuant to section 195 of the AIFC Companies Regulations, the Registrar of Companies has the power to modify or waive provisions of Regulations and Rules administered by the Registrar on the application of a Person.
Table A.
Reference to the relevant Acts | Modified Rule/Regulation |
AIFC Companies Regulations, Part 4, Chapter 2, sections 17(1), 22 (2) | Section 17. Notification of change in Registered Details of Company (1) If any of the Registered Details of a Company change, the Company must notify the Registrar in Writing of the change within 120 days after the day the change happens and must comply with all other requirements applying to the Company under the Rules in relation to the change. Section 22 (2). Change of Company name (2) If a Company changes its name by Special Resolution in accordance with subsection (1), the Company must file the Special Resolution with the Registrar within 120 days after the day the Special Resolution is passed. |
CONDITIONS
The modification of Section 17(1) is applied to AIFC Business Connect only in relation to change of a Company name. Other changes should be notified to the Registrar of Companies duly in accordance with the requirements prescribed by the AIFC Companies Regulations and Rules.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until May 1st, 2023, or revoked by the Registrar of Companies or by the Company.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES:
__________________
Laura Nurgaliyeva
Registrar of Companies
AFSA NOTICE NO. AFSA-O-EC-2023-0391 on the waiver confirmation
THE REGISTRAR OF COMPANIES OF THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Section 134 (1) Qualification and registration of Auditors of AIFC Companies Regulations is not applied to ALTAAQA ALTERNATIVE SOLUTIONS KAZAKHSTAN LLP as specified in the right-hand column of Table A under the certain conditions set by this written notice.
Regarding the requested waiver of the provision of the AIFC Companies Regulations, pursuant to section 195 of the AIFC Companies Regulations, the Registrar of Companies has the power to modify or waive provisions of Regulations and Rules administered by the Registrar on the application of a Person.
Table A. Waived AIFC Act
Reference to the relevant Acts | Waived Rule/Regulation |
AIFC Companies Regulations, Part 10, chapter 3, section 134 (1) | 134. Qualification and registration of Auditors (1) In this Part, a reference to an Auditor is a reference to a Person who is registered by the Registrar as an auditor under this Chapter. |
CONDITION
The potential external audit service provider must be one of the leading top-tier global auditors that comply with the most known international audit standards.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until the end of the financial year 2025 or revoked by the Registrar of Companies or by the Company.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES
AFSA NOTICE No. AFSA-O-EC-2023-0467 ON ADMINISTRATIVE SERVICES FEES PAYABLE TO THE REGISTRAR OF COMPANIES IN RESPECT OF POST-REGISTRATION PROCEDURES AND PROCESSING INQUIRIES
THE REGISTRAR OF COMPANIES HEREBY GIVES NOTICE THAT:
The fees for administrative services (excluding post-registration and processing inquiries fees for Non-Profit Incorporated Organisations and Foundations) set out in SCHEDULE 5-1 are applied as follows:
Administrative Services | Fee (USD) | |
online | paper | |
Processing inquiries | 20 | 20 |
Post-registration procedures | 50 | 50 |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until 31 May or further notice of the Registrar of Companies is issued.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES.
AFSA NOTICE № AFSA-A-NB-2023-0003 ON THE MODIFICATION (iKapitalist Ltd.)
MODIFICATION NOTICE
To | iKapitalist Ltd. |
Address | Office 265, Mangilik El 55/21, Astana, Z05T3E5 |
AFSA Licence No. | AFSA-A-LA-2023-0005 |
Notice No. | AFSA-A-NB-2023-0003 |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The AIFC Authorised Market Institution Rules (AMI) 7.3.12, 7.3.16 and 7.3.22 apply to iKapitalist Ltd. (the “Applicant”) with the modification as specified in the right-hand column of the table below.
Regarding the requested modification on the provisions of the AMI Rules 7.3.12, 7.3.16 and 7.3.22, pursuant to section 9 of the FSFR the AFSA has a power to modify or waive the Rules made pursuant to the FSFR (Rules) on the application of a Person under the following conditions:
- (a) compliance by the Person with the Rules, or with the Rules as unmodified, would be unduly burdensome or would not achieve the purpose for which the Rules were made, and
- (b) the direction would not adversely affect the advancement of any of the AFSA’s regulatory objectives.
Please note, protecting interests of consumers of financial services are the key regulatory objectives of the AFSA.
Table MODIFIED AIFC Act
Reference to the relevant Acts | Action |
AMI 7.3.12. (Equal treatment of lenders or Investors) | … (2) If an Authorised Crowdfunding Platform provides an auto-lending or auto-investment system, or any other facility that provides some lenders or Investors with the opportunity to lend money ahead of other lenders or Investors, it must disclose prominently on its website that some lenders or Investors may have preferential access to alternative proposals or terms. (a)Guidance: An ‘auto-lending system’ or ‘auto-investing system’ is a facility that automatically allocates certain loans or Investments to a lender or investor according to parameters chosen by the lender or investor. |
AMI 7.3.16 (Facility for transfer of Permitted Loans or Permitted Investments) | If an Authorised Crowdfunding Platform provides a facility that assists the transfer of rights or obligations under a Permitted Loan or the sale of Permitted Investments, it must ensure that (as applicable): … in the case of a Permitted Loan (except Debentures), a lender must transfer the rights and obligations relating to the whole of a Permitted Loan made (and not just a part of the Permitted Loan); … |
AMI 7.3.22. (Target funding amount) | (1) “An Authorised Crowdfunding Platform must ensure that all loan proceeds are only provided to the Borrower or offering proceeds are only provided to the (a) is equal to or greater than the target funding amount and allow all lenders or Investors to cancel their commitments to lend or invest, as the AFSA shall determine appropriate; or (b) is equal or greater than 90% of the target funding amount in cases when up to 10% of Investors/lenders cancelled their commitments after the target funding amount is raised, provided that both Borrowers/Issuers and the remaining committed Investors/lenders express consent in writing. Guidance: In case of (b), the Authorised Crowdfunding Platform shall ensure compliance with the requirements related to material changes affecting the Borrower or Issuer as per AMI 7.3.10. |
EFFECTIVE PERIOD
This notice comes into effect on the date of issuance and remains effective until further notice.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY REPRESENTED BY:
Name: Gareth Ling
Position: Deputy Chief Executive Officer, Chief Regulatory Officer, Astana Financial Services Authority
DATE OF ISSUE: 27 April 2023
AFSA NOTICE № AFSA-Q-OA-2023-0007 ON GRANTING CLASS MODIFICATIONS TO ISLAMIC BANKS
CLASS MODIFICATION NOTICE No. AFSA-Q-OA-2023-0007 (amended by No. AFSA-Q-OA-2024-0019 from 30.09.2024)
|
To |
Authorised Firms licensed to carry out the Regulated Activity of Islamic Banking Business |
|
Regulated Activity |
Islamic Banking Business |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The Rule specified in the left-hand column of Table A herein do not apply to the Islamic Banks in the form appearing in the AIFC Islamic Banking Business Prudential Rules (IBB) but instead applies as modified in the right-hand column of Table A.
In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
|
Reference to the relevant Acts |
Modified Text |
|
AIFC Islamic Banking Business Prudential Rules,
Rule 4.7(a) |
Rule 4.7 Base Capital Requirement
The Base Capital Requirement is: (a) for an Islamic Bank from 1st November 2023 – USD 5 mln; from 1st November 2024 – USD 6 mln; from 1st November 2025 – USD 7 mln; from 1st May 2026 – USD 8 mln; from 1st November 2026 – USD 9 mln; and from 1st May 2027 – USD 10 mln. |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until 1 May 2027.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE AIFC FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-N-NB-2023-0003 ON MODIFICATION
|
To |
Ozon Holdings PLC |
|
Business identification number |
230150005411 |
|
The address of the Registered Office |
Arch. Makariou III, 2-4, Capital Center, 9th floor, 1065, Nicosia, Cyprus |
NOTICE No. AFSA-N-NB-2023-0003
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left-hand column of the Table does apply to the above-mentioned Person as modified to the extent shown in the right-hand column of the Table herein. In this Table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
TABLE – RULES MODIFIED:
|
AIFC Act |
Proposed modification |
|
AIFC Market Rules 2.5.3 Related party transaction procedures |
If a Reporting Entity enters into a Related Party Transaction or a series of Related Party Transactions in any 12-month period and the value of such transaction(s) is greater than (a) the nature of the Related Party relationship; (b) the name of the Related Party; (c) the date and the value of the transaction or arrangement; and (d) any other information necessary to assess whether the transaction or arrangement is fair and reasonable from the perspective of the Reporting Entity and of the stakeholders who are not a Related Party, including minority shareholders and creditors. |
EFFECTIVE PERIOD
This notice comes into effect from the date of issue and remains effective until the value of the net assets of the above-mentioned Person in its most recent financial reports is positive. Once the value becomes positive, the original version of AIFC MAR 2.5.3 will be applicable and this notice will lose its force until further notice.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE No. AFSA-O-EC-2023-0800 ON ADMINISTRATIVE SERVICES FEES PAYABLE TO THE REGISTRAR OF COMPANIES IN RESPECT OF POST-REGISTRATION PROCEDURES AND PROCESSING INQUIRIES
THE REGISTRAR OF COMPANIES HEREBY GIVES NOTICE THAT:
The fees for administrative services (excluding post-registration and processing inquiries fees for Non-Profit Incorporated Organisations and Foundations) set out in SCHEDULE 5-1 are applied as follows:
* Online means submission through the AIFC approved digital systems (excluding email).
**Fees for administrative services for Foundations and Non-Profit Incorporated Organisations is 100 USD for online based and 200 USD for paper-based processing inquiries.
***Fees for administrative services for Foundations and Non-Profit Incorporated Organisations is 150 USD for online based and 300 USD for paper based post-registration procedures.
AFSA NOTICE № AFSA-O-EC-2023-0891 ON STRIKE OFF VERSOR ENGINEERING LTD.
NOTICE No. AFSA-O-EC-2023-0891
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with section 167(1) of the AIFC Companies Regulations, the Registrar of Companies (the “Registrar”) intends to strike the name of VERSOR Engineering Ltd. (the “Company”) off the Register on 05 September 2023. The Registrar has reason to believe that it is prejudicial to the interests of the AIFC for the Company to remain in the Register and that the Company is Contravening the AIFC Companies Regulations.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice of the AFSA.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Companies Regulations. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 167(3)(a) OF THE AIFC COMPANIES REGULATIONS.
AFSA NOTICE No AFSA-O-EC-2023-0888 ON WITHDRAWAL OF THE LICENCES TO CARRY ON ANCILLARY SERVICES
NOTICE № AFSA-O-EC-2023-0888
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Pursuant to Rule 1.3.6(e) of the AIFC General Rules, the AFSA has withdrawn the following Licences to carry on Ancillary Services:
|
Firm name |
Licence number |
|
Rich Consulting Limited |
112018-011 |
|
«Axe Capital Consulting» LLP |
AFSA-A-LA-2019-0056 |
|
ABROY Boutique Law Firm Ltd |
AFSA-A-LA-2020-0028 |
|
Caspian Research Group Ltd. |
AFSA-A-LA-2020-0034 |
|
German & Partners Ltd. |
AFSA-A-LA-2020-0026 |
|
Tauekel Services Ltd. |
AFSA-A-LA-2022-0017 |
The withdrawal is made due to the failure of the Firms to comply with Rule 3 (Annual Supervision Fees Payable to the AFSA) of the AIFC Fees Rules.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice of the AFSA.
AFSA NOTICE No. AFSA-A-NB-2023-0014 ON MODIFICATION OF THE AIFC FEES RULES (‘Tabadul’ initiative)
WAIVER AND MODIFICATION NOTICE NO. AFSA-A-NB-2023-0014
|
To |
For ADX Members in the framework of the ‘Tabadul’ initiative applying for RNAM status in the AIFC |
|
Permitted Activity |
Recognised Non-AIFC Member status |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
1. The AFSA places great emphasis on ensuring that all RNAMs are treated fairly and equally, without showing any favoritism towards specific market players. When making modifications to the relevant AIFC Acts, the AFSA carefully examines the proposed changes to determine if they could potentially discriminate against other market participants who are not part of a defined circle of players. To ensure fairness and transparency for all players, the AFSA is modifying the application and annual recognition fees for those applying for RNAM status under the Tabadul initiative. This is to ensure reciprocity with the peer regulator and promote collaboration among regulators. The relevant peer regulator has also revised its fees structure for trading members joining via Tabadul, making it appropriate for the AFSA to make this collaborative effort. Therefore, the current AIFC RNAMs and AFSA licensed brokers who trade on the AIX have the option to apply for remote membership status with the SCA. They will also receive preferred fees when joining the Tabadul framework.
2. The proposed changes do not favor any particular applicant and do not undermine competition. It should be noted that trading through the Tabadul initiative does not provide the same level of access as regular RNAMs trading on AIX. The instruments, conditions, clearing, and settlement processes through Tabadul are tied to an electronic trading system, unlike trading members with full access to securities traded on AIX. Considering the correlation between the quantity of RNAM candidates who participate in the Tabadul initiative, and the AFSA application fees, a reduction in expenses could potentially lead to an increase in the number of RNAM applications submitted through the Tabadul initiative.
3. The AFSA emphasises that it is unwavering in its commitment to upholding equality and has a strict policy of zero tolerance towards all forms of discrimination. In this regard, to encourage potential applicants for the global cross-border initiative, the AFSA is proposing temporary modifications. The AFSA notes that these modifications will be valid for a limited promotion period and will be subject to further instructions from the AFSA.
4. The Rules specified in the left-hand column of the Table A are modified to the extent shown in the right-hand column of the Table A and right-hand column of the Table A apply to the trading members Abu Dhabi Exchange P.J.S.C. applying for a Recognised Non-AIFC Member status in the AIFC via ‘Tabadul’ initiative.
Table A. Modified AIFC Act
|
AIFC Act |
Modified text |
|||
|
Section 1.1 of Schedule 4 of FEES. Application fees for recognition as a Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member and Foreign Fund Manager |
Modified.
1.1 Application fees for recognition as a Recognised Non-AIFC Market Institution, Recognised Non-AIFC Member and Foreign Fund Manager. |
|||
|
|
Application fee |
Fee (USD) |
|
|
|
Recognised Non-AIFC Member |
1 000 |
|
||
|
Section 6.4 of Schedule 6 of FEES. 6.4 Annual recognition fees for Recognised Non-AIFC Market Institutions and Recognised Non-AIFC Members |
Modified.
6.4 Annual recognition fees for Recognised Non-AIFC Market Institutions and Recognised Non-AIFC Members.
Recognised Non- For Recognised Non-AIFC Members AIFC Member that are admitted to trading by an Authorised Investment Exchange: calculated according to formula 1 below.
Formula 1 RF= FF+TVF, where
RF – Annual recognition fee
FF – Fixed fee, which is 500 USD pro-rated over a calendar year TVF – Trading volume fee, calculated as 0.001% of trading volume in one year, applicable only to Recognised Non-AIFC Members admitted to trading by Operator of an Investment Exchange, whose trading volume is over 100 million USD (paid within one month following each corresponding quarter). |
|||
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further instructions from the AFSA.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PERSUANT TO SECTION 9 OF THE FINANCIAL ERVICES FRAMEWORK REGULATIONS BE THE ASTANA FINANCIAL SERVICES AUTHORITY.
Name: Nurkhat Kushimov
Position: Chief Executive Officer, AFSA
DATE OF ISSUE: 15 September 2023
AFSA NOTICE No. AFSA-O-EC-2023-0915 ON SCAM ALERT
NOTICE No. AFSA-O-EC-2023-0915
THE REGISTRAR OF COMPANIES HEREBY GIVES PUBLIC ALERT NOTICE:
Following is general notice and reminder to Astana international financial Centre unregistered soliciting entity. Astana Financial Service Authority revealed and established entity: AIFCS falsely claim to be registered, licensed, under AIFC jurisdiction in their solicitation of investors.
It was established that AIFCS falsely claim to be registered, licensed, under following license: advising on investments and arraigning deals in investments, however such case did not approach Astana Financial Service Authority (hereinafter-AFSA).
In many cases, AFSA investigation reveals that the soliciting entities are not registered, licensed at the AIFC jurisdiction as they claim or imply. In an effort to warn the public about these entities, the AFSA is publishing information it has learned in reviewing these complaints.
Evidence:
1. AIFC licence
AFSA NOTICE № AFSA-Q-NB-2023-0004 ON SUSPENSION OF THE LICENCE OF KAZAKHSTAN ISLAMIC FINANCE COMPANY LTD.
NOTICE No. AFSA-Q-NB-2023-0004
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
In accordance with Section 98 of the AIFC Financial Services Framework Regulations (the “FSFR”) the AFSA has suspended the Licence of Kazakhstan Islamic Finance Company Ltd. (the “Firm”) No. AFSA-A-LA-2021-0031 dated 22 October 2021 until further notice.
The suspension is made due to the failure of the Firm to comply with prudential requirements (minimum capital requirements) set out in the AIFC Islamic Banking Business Prudential Rules.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice of the AFSA.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED BY THE AFSA PURSUANT TO SECTION 98 OF THE FSFR.
Table of Digital Assets approved by the Astana Financial Service Authority to trading on the Digital Asset Trading Facilities licensed in AIFC TO AFSA NOTICE No. AFSA-F-NB-2023-007
Table of Digital Assets approved by the Astana Financial Service Authority to trading on the Digital Asset Trading Facilities licensed in AIFC (updated 05.07.2024)
(according to AFSA NOTICE No. AFSA-F-NB-2023-0007 ON CLASS MODIFICATION IN RESPECT OF OBTAINING OF APPROVAL FOR DIGITAL ASSETS THAT WERE PREVIOUSLY APPROVED BY THE ASTANA FINANCIAL SERVICE AUTHORITY TO TRADING ON THE DIGITAL ASSET TRADING FACILITIES.)
|
№ |
Digital Asset |
Symbol |
|
1. |
Bitcoin |
BTC |
|
2. |
Bitcoin Cash |
BCH |
|
3. |
Ethereum |
ETH |
|
4. |
Litecoin* |
LTC |
|
5. |
Tether USDt |
USDT |
|
6. |
BNB |
BNB |
|
7. |
Cardano |
ADA |
|
8. |
XRP (Ripple) |
XRP |
|
10. |
Solana |
SOL |
|
11. |
STEPN |
GMT |
|
12. |
Polygon |
MATIC |
|
13. |
EOS |
EOS |
|
14. |
Ethereum Classic |
ETC |
|
15. |
Chainlink |
LINK |
|
16. |
TRON* |
TRX |
|
17. |
Biteeu Commodities Exchange Gold |
BCXG |
|
18. |
DAI |
DAI |
|
19. |
Galxe |
GAL |
|
20. |
ApeCoin |
APE |
|
21. |
GALA |
GALA |
|
22. |
Unify Protocol DAO |
UNFI |
|
23. |
Waves |
WAVES |
|
24. |
NEAR Protocol |
NEAR |
|
25. |
Cosmos |
ATOM |
|
26. |
Mask Network |
MASK |
|
27. |
Aptos |
APT |
|
28. |
Algorand |
ALGO |
|
29. |
Avalanche |
AVAX |
|
30. |
Stellar |
XLM |
|
31. |
1Inch Network |
1INCH |
|
32. |
Fantom |
FTM |
|
33. |
Audius |
AUDIO |
|
34. |
Balancer |
BAL |
|
35. |
Band Protocol |
BAND |
|
36. |
Pax Dollar |
USDP |
|
37. |
Nexo |
NEXO |
|
38. |
Ocean Protocol |
OCEAN |
|
39. |
Bifrost |
BFC |
|
40. |
The Sandbox |
SAND |
|
41. |
Ethereum Name Service |
ENS |
|
42. |
dYdX |
DYDX |
|
43. |
Curve DAO Token |
CRV |
|
44. |
Fetch.ai |
FET |
|
45. |
Aave |
AAVE |
|
46. |
Chilliz |
CHZ |
|
47. |
SPACE ID |
ID |
|
48. |
Celo |
CELO |
|
49. |
COTI |
COTI |
|
50. |
Convex Finance |
CVX |
|
51. |
Uniswap |
UNI |
|
52. |
Filecoin |
FIL |
|
53. |
Lido DAO |
LDO |
|
54. |
The Graph |
GRT |
|
55. |
Hot Cross |
HOTCROSS |
|
56. |
Wrapped BTC |
WBTC |
|
57. |
VeChain |
VET |
|
58. |
Axie Infinity Shards |
AXS |
|
59. |
Basic Attention Token |
BAT |
|
60. |
Immutable |
IMX |
|
61. |
Jasmy Coin |
JASMY |
|
62. |
Label Foundation |
LBL |
|
63. |
Livepeer |
LPT |
|
64. |
Loopring |
LRC |
|
65. |
Maker |
MKR |
|
66. |
Pax Gold |
PAXG |
|
67. |
pStake Finance |
Pstake |
|
68. |
Quant |
QNT |
|
69. |
Scallop |
SCLP |
|
70. |
Skale |
SKL |
|
71. |
Yearn.finance |
YFI |
|
72. |
Arbitrum |
ARB |
|
73. |
Compound |
COMP |
|
74. |
Multiverse X |
EGLD |
|
75. |
Conflux |
CFX |
|
76. |
Enjin Coin |
ENJ |
|
77. |
Golem |
GLM |
|
78. |
Hedera |
HBAR |
|
79. |
Hooked Protocol |
Hook |
|
80. |
Decentraland |
MANA |
|
81. |
Internet Computer Protocol |
ICP |
|
82. |
Rocket Pool |
RPL |
|
83. |
Stacks |
STX |
|
84. |
Injective |
INJ |
|
85. |
Frax Share |
FXS |
|
86. |
Trust Wallet Token |
TWT |
|
87. |
THORChain |
Rune |
|
88. |
PancakeSwap |
Cake |
|
89. |
Zilliqa |
ZIL |
|
90. |
WAX |
WAXP |
|
91. |
Osmosis |
OSMO |
|
92. |
SingularityNET |
AGIX |
|
93. |
NEM |
XEM |
|
94. |
Gnosis |
GNO |
|
95. |
Theta Fuel |
TFUEL |
|
96. |
Ravencoin |
RVN |
|
97. |
Flow |
Flow |
|
98. |
Render |
RNDR |
|
99. |
Optimism |
OP |
|
100. |
Klaytn |
Klay |
|
101. |
GMX |
GMX |
|
102. |
eCash |
XEC |
|
103. |
Kava |
KAVA |
|
104. |
0x Protocol |
ZRX |
|
105. |
Synthetics |
SNX |
|
106. |
Theta Network |
Theta |
|
107. |
Toncoin |
TON |
|
108. |
USD Coin |
USDC |
|
109. |
Polkadot* |
DOT |
|
110. |
Sui |
SUI |
|
111. |
Binance USD |
BUSD |
|
112. |
Lido Staked ETH |
stETH |
Notes:
* - Digital Asset’s blockchain has an optional privacy feature that makes the transaction untraceable. Approval is conditional upon demonstration of evidence of availability of necessary systems and controls that detect the Digital Asset with privacy feature.
AFSA NOTICE № AFSA-Q-OA-2023-0007 ON CLASS MODIFICATION
CLASS MODIFICATION NOTICE No. AFSA-Q-OA-2023-0007 (amended by No. AFSA-Q-OA-2024-0019 from 30.09.2024)
|
To |
Authorised Firms licensed to carry out the Regulated Activity of Islamic Banking Business |
|
Regulated Activity |
Islamic Banking Business |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The Rule specified in the left-hand column of Table A herein do not apply to the Islamic Banks in the form appearing in the AIFC Islamic Banking Business Prudential Rules (IBB) but instead applies as modified in the right-hand column of Table A.
In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
|
Reference to the relevant Acts |
Modified Text |
|
AIFC Islamic Banking Business Prudential Rules,
Rule 4.7(a) |
Rule 4.7 Base Capital Requirement
The Base Capital Requirement is: (a) for an Islamic Bank from 1st November 2023 – USD 5 mln; from 1st November 2024 – USD 6 mln; from 1st November 2025 – USD 7 mln; from 1st May 2026 – USD 8 mln; from 1st November 2026 – USD 9 mln; and from 1st May 2027 – USD 10 mln. |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until 1 May 2027.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE AIFC FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-O-EC-2023-1025 ON STRIKING ARTIFICIAL INVESTMENTS COMPANY LTD. OFF THE REGISTER
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with Section 167(1) (a) and (b) of the AIFC Companies Regulations the Registrar of Companies (the “Registrar”) intends to strike Artificial Investments Company Ltd. off the Register.
FACTS AND MATTERS RELIED UPON
The Registrar of Companies has a reasonable ground to believe that:
× the Company is not conducting business or is not in operation pursuant to Section 167 (1-1) of the AIFC Companies Regulations;
× the Company is contravening Sections 26 (1) and 17 (1) of the AIFC Companies Regulations.
The proposed decision comes into effect within 14 days from the issuance of this Notice unless cause is shown to the contrary.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
THIS NOTICE IS ISSUED PURSUANT TO SCHEDULE 2 (Decision-Making Procedures for Registrar of Companies) OF THE AIFC COMPANIES RULES.
AFSA NOTICE № AFSA-O-EC-2023-1043 ON STRIKING REPRESENTATIVE OFFICE OF HITBEAT MUSIC LTD. IN THE AIFC OFF THE REGISTER
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with Section 167 (1) (a), (b) and (c) of the AIFC Companies Regulations the Registrar of Companies (the “Registrar”) intends to strike Representative Office of HITBEAT MUSIC INC. in the AIFC (BIN 211042900093) off the Register.
FACTS AND MATTERS RELIED UPON
The Registrar of Companies has a reasonable ground to believe that:
× The Recognised Company is not conducting business or is not in operation pursuant to Section 167 (1-1) of the AIFC Companies Regulations;
× the Recognised Company is contravening Sections 147 (1) (d) and 148 (1) of the AIFC Companies Regulations.
× the Recognised Company is contravening the number of rules of the AIFC Acting Law, and its activity may entail reputational risks to the AIFC and harm the market.
The proposed decision comes into effect within 14 days from the issuance of this Notice unless cause is shown to the contrary.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
THIS NOTICE IS ISSUED PURSUANT TO SCHEDULE 2 (Decision-Making Procedures for Registrar of Companies) OF THE AIFC COMPANIES RULES.
AFSA NOTICE № AFSA-N-NB-2023-0005 ON EQUIVALENT REGULATED EXCHANGES FOR SECURITIES AND LISTED FUNDS
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The following Regulated Exchanges are determined as Equivalent Regulated Exchanges for Securities and Listed Funds to be admitted to the Official List maintained by the Astana International Exchange (AIX) in accordance with MAR 1.2.2(2) and AIFC Glossary (Equivalent Regulated Exchange for Listed Funds):
|
No. |
Equivalent Regulated Exchange |
Effective Date |
|
1. |
London Stock Exchange |
|
|
|
- Main Market |
28 February 2019 |
|
|
- Alternative Investment Market |
10 September 2019 |
|
2. |
Euronext Dublin |
10 September 2019 |
|
3. |
Hong Kong Stock Exchange |
|
|
|
- Main Board |
1 November 2019 |
|
|
- Growth Enterprise Market |
1 November 2019 |
|
4. |
Shanghai Stock Exchange |
|
|
|
- Main Board |
10 January 2020 |
|
5. |
Toronto Stock Exchange |
3 November 2021 |
|
6. |
Frankfurt Stock Exchange |
|
|
|
- General Standard |
3 November 2021 |
|
|
- Prime Standard |
3 November 2021 |
|
7. |
Australian Securities Exchange |
20 April 2022 |
|
8. |
New York Stock Exchange |
20 April 2022 |
|
9. |
Nasdaq Stock Market |
20 April 2022 |
|
10. |
Shenzhen Stock Exchange |
13 October 2022 |
|
11. |
Warsaw Stock Exchange |
6 November 2023 |
|
12. |
Luxembourg Stock Exchange |
6 November 2023 |
|
13. |
Budapest Stock Exchange |
6 November 2023 |
|
14. |
Euronext Brussel |
6 November 2023 |
|
15. |
Moscow Stock Exchange |
6 November 2023 |
|
16. |
Kyrgyzstan Stock Exchange |
6 November 2023 |
|
17. |
Georgia Stock Exchange |
6 November 2023 |
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS CONSIDERED TO BE A REPLACEMENT FOR AFSA NOTICE № AFSA-N-NB-2022-0004
AFSA NOTICE No. AFSA-O-EC-2023-1058 ON SCAM ALERT
THE REGISTRAR OF COMPANIES HEREBY GIVES PUBLIC ALERT NOTICE:
Following is general notice and reminder to Astana International Financial Centre unregistered soliciting entity. Astana Financial Service Authority revealed and established entity: Branch of Asyl Tukymdy Sharuashylyk Ordabasy Sut Onymdery LLP of the AIFC falsely claim to be registered, licensed, under AIFC jurisdiction and illegally using of other company’s registration number.
It was established that Branch of Asyl Tukymdy Sharuashylyk Ordabasy Sut Onymdery LLP of the AIFC falsely claim to be registered, licensed, under following license: Agroculture, however such case did not approach Astana Financial Service Authority (hereinafter-AFSA).
In many cases, AFSA investigation reveals that the soliciting entities are not registered, licensed at the AIFC jurisdiction as they claim or imply. In an effort to warn the public about these entities, the AFSA is publishing information it has learned in reviewing these complaints.
Evidence:
1. Licence
AFSA NOTICE №AFSA-T-NB-2023-0002 ON GRANTING WAIVER TO SKYBRIDGE INVEST JSC doing business in the AIFC as "Branch of SkyBridge JSC in the AIFC" in relation to SBI Active Fund Open-Ended Investment Company
NOTICE No. AFSA-T-NB-2023-0002
|
To |
SkyBridge Invest JSC doing business in the AIFC as "Branch of SkyBridge JSC in the AIFC" |
|
Business Identification Number |
181141900093 |
|
Regulated Activities |
- Dealing in Investments as Principal - Dealing in Investments as Agent - Managing Investments - Managing a Collective Investment Scheme - Advising on Investments - Arranging Deals in Investments |
|
The address of the Registered Office |
55/21 Mangilik El, 142 office, Astana, 010000, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The requirement specified in AIFC CIS Rule 8.2. on having a Fund Administrator is waived on application of SkyBridge Invest JSC doing business in the AIFC as "Branch of SkyBridge JSC in the AIFC", Fund Manager of SBI Active Fund Open-Ended Investment Company Ltd for the effective period.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force for a period of 1 year from the date of incorporation of SBI Active Fund Open-Ended Investment Company Ltd subject for reconsideration.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-O-EC-2023-1126 ON STRIKING GRC EURASIA LIMITED OFF THE REGISTER
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with Section 167 (1) (a) of the AIFC Companies Regulations the Registrar of Companies (the “Registrar”) intends to strike GRC Eurasia Limited (BIN 180640900172) off the Register.
FACTS AND MATTERS RELIED UPON
The Registrar of Companies has a reasonable ground to believe that:
× The Recognised Company is not conducting business or is not in operation pursuant to Section 167 (1) (a) of the AIFC Companies Regulations;
The proposed decision comes into effect within 14 days from the issuance of this Notice unless cause is shown to the contrary.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
THIS NOTICE IS ISSUED PURSUANT TO SCHEDULE 2 (Decision-Making Procedures for Registrar of Companies) OF THE AIFC COMPANIES RULES.
AFSA NOTICE No. AFSA-Q-NB-2023-0005 ON SUSPENSION OF THE LICENCE OF AL SAQR ISLAMIC BANK LTD.
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
In accordance with Section 98 of the AIFC Financial Services Framework Regulations (the “FSFR”) the AFSA has suspended the Licence of Al Saqr Islamic Bank Ltd. (the “Firm”) No. AFSA-A-LA-2021-0006 dated 03 March 2021 until further notice.
The suspension is made according to request and consent of Al Saqr Islamic Bank Ltd.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further notice of the AFSA.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED BY THE AFSA PURSUANT TO SECTION 98 OF THE FSFR.
AFSA NOTICE No.AFSA-Q-OA-2023-0019 ON WAIVER (MOST INVESTMENT LIMITED)
NOTICE
|
To |
MOST Investment Limited |
|
Business identification number |
210240900106 |
|
Regulated Activity |
Managing a Collective Investment Scheme in respect of Exempt Funds |
|
The address of the Registered Office |
Z05T3E5, Mnagilik Yel 55/21, office 319, Astana, Esil District, Republic of Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
Section 2.2.1 (1) of AIFC Prudential Rules For Investment Firms, Financial resources is not applied to MOST Investment Limited as specified in the right-hand column of Table A under the certain conditions set by this written notice.
Table A. Waived AIFC Rule
|
Reference to the relevant Acts |
Waived Rule/Regulation |
|
AIFC Prudential Rules For Investment Firms, chapter 2, section 2.2.1 (1)
|
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.
|
CONDITION
This notice comes remains in force for a period of 8 months for Capital Resources requirement and for a period of 12 months for Liquid Assets requirement.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE No.AFSA-Q-OA-2023-0018 ON MODIFICATION (Brillink Bank Corporation Limited )
MODIFICATION NOTICE
|
To |
Brillink Bank Corporation Limited |
|
Business identification number |
201240900236 |
|
Regulated Activity |
Accepting Deposits Providing Credit Advising on a Credit Facility Arranging a Credit Facility Providing Money Services |
|
The address of the Registered Office |
Z05T3F56, 55/22, Mangilik El, office 346, Astana, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
Section 4.10 (a) of AIFC Banking Business Prudential Rules, Base Capital Requirement is not applied to Brillink Bank Corporation Limited as specified in the right-hand column of Table A under the certain conditions set by this written notice.
Table A. Modified AIFC Rule
|
Reference to the relevant Acts |
Modified Rule/Regulation |
|
AIFC Banking Business Prudential Rules, Chapter 4, Section 4.10 (a) |
4.10 Base Capital Requirement
The Base Capital Requirement is: (a) for a Bank – USD … |
CONDITION
|
# |
Conditions |
Timeframe |
|
1. |
To modify the requirement set by section 4.10 (a) of AIFC Banking Business Prudential Rules to maintain required ongoing capital, at all times, of at least equal to higher of its Base Capital Requirement equal to 7,500,000 USD until 1 November 2024. |
Until 1 November 2024 |
|
2. |
To limit the Regulated Activities of: - Accepting Deposits, - Providing Credit, - - - Providing Money Services. |
Until the providing of evidence on bringing the regulatory ongoing capital in compliance with the 4.9 of BBR based on the highest of rule-based Base Capital in the amount of 10 million USD (according to section 4.10 of BBR) and Risk-based Capital requirements, after receiving the Written Notice |
This notice comes remains in force for Base Capital Requirement and remains effective until 1 November 2024.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE No. AFSA-Q-OA-2023-0021 ON APPROVAL OF ASSETS ELIGIBLE TO BE LIQUID
This Notice expired on 31 December 2024. For assets approved by AFSA as assets comprising Liquid Assets for the purposes of Rule 4.3 of the AIFC Prudential Rules for Investment Firms – please refer to AFSA Notice No.AFSA-Q-NB-2025-0001
NOTICE No. AFSA-Q-OA-2023-0021
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with the Rule 4.3(1)(f) of the AIFC Prudential Rules for Investment Firms, Astana Financial Services Authority approves the assets as comprising a Liquid Asset, which satisfy the following conditions:
1) Government securities of the Republic of Kazakhstan, issued by the Ministry of Finance of the Republic of Kazakhstan and the National Bank of Kazakhstan;
2) Treasury Bills of the United States of America, which have a credit rating of AA (or equivalent) and higher from the globally recognised credit rating agencies: Moody's, Standard & Poor's, and/or Fitch;
3) Sovereign bonds of the United States of America, which have a credit rating of AA (or equivalent) and higher from the globally recognised credit rating agencies: Moody's, Standard & Poor's, and/or Fitch;
4) ETFs, which track Sovereign bonds of the United States of America, which have a credit rating of AA (or equivalent) and higher from the globally recognised credit rating agencies: Moody's, Standard & Poor's, and/or Fitch;
5) Money deposited with a regulated bank or deposit-taker of the Republic of Kazakhstan which has a credit rating not lower than the sovereign rating of the of Republic of Kazakhstan (or equivalent) and above from the globally recognised credit rating agencies: Moody's, Standard & Poor's, and/or Fitch;
6) Demand deposits with a tenor of 1 year or less with a bank or deposit-taker in (5) of this Notice.
The above assets can be included in the total stock of the Liquid Assets without any limit (i.e. up to 100% of the Liquid Assets).
The assets specified in 1) – 4) can represent at most 60% of the minimum value of the Liquid Assets required by the Rule 4.2(1) of the AIFC Prudential Rules for Investment Firms.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains effective until 31 December 2024.
INTERPRETATION
Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO RULE 4.3(1) OF THE AIFC PRUDENTIAL RULES FOR INVESTMENT FIRMS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-F-NB-2023-0012 ON REGULATION OF CROWDFUNDING PLATFORMS IN FINTECH LAB OF ASTANA FINANCIAL SERVICES AUTHORITY
THE AFSA HEREBY GIVES NOTICE THAT:
AFSA FinTech Lab Participants that previously obtained licenses of "Operating a Loan Crowdfunding Platform" and "Operating an Investment Crowdfunding Platform" (hereinafter referred to as “Crowdfunding activities”) have been testing Crowdfunding activities within the environment of AFSA’s FinTech Lab for several years now. As a result, Crowdfunding activities have demonstrated their status as well-established business models in the financial services industry in AIFC. Following this testing period in the Fintech Lab environment, AFSA has adopted a comprehensive regulatory framework for Crowdfunding activities.
At this stage in its evaluation of Crowdfunding activities, AFSA FinTech Lab does not consider majority of them to be eligible for testing purposes at AFSA FinTech Lab. Therefore, entities applying to obtain a License to carry on the Market Activities of "Operating a Loan Crowdfunding Platform" and "Operating an Investment Crowdfunding Platform" shall be subject to the full regulatory regime and approach AFSA Authorisations rather than AFSA FinTech Lab.
AFSA FinTech Lab may still consider applications for Crowdfunding activities in rare circumstances where these activities would involve application of technology material to development of Crowdfunding activities within the AIFC. However, AFSA would like to emphasize that majority of the proposed Crowdfunding activities would likely to fall outside this category.
EFFECTIVE PERIOD
This notice comes into effect from 20 December 2023 and remains effective until further Notice.
INTERPRETATION
Defined terms are identified in this notice by the capitalization of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalization of the initial letter is not used, an expression has its natural meaning.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 and 32 OF THE ASTANA INTERNATIONAL FINANCIAL CENTRE FINANCIAL SERVICES FRAMEWORK REGULATIONS AND 3.2.2(b)(v)(i) AIFC FINANCIAL TECHNOLOGY RULES BY THE ASTANA FINANCIAL SERVICES AUTHORITY.