NOTICES 2020-2022
AIFC NOTICE NO. AFSA-P-NB-2022-0001 ON APPLICATION FEES PAYABLE TO THE AFSA IN RESPECT OF WAIVERS, MODIFICATIONS AND OTHER RELIEFS
NOTICE No. AFSA-P-NB-2022-0001
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
According to the Schedule 7 of the AIFC Fees Rules, the application fees payable to the AFSA in respect of waivers, modifications and other reliefs are set as follows:
1)
Application fee | Fee (USD) |
Minor waiver and/or modification request | 250 |
Standard waiver and/or modification request | 500 |
Significant and/or modification request | 2 000 |
No-action letter | 500 |
2)If the waiver and/or modification involves an issue that is novel or complex or will for any other reason require the AFSA to spend an exceptional amount of time on the application, the AFSA will determine the fee on a case-by-case basis.
3)In other cases, AFSA will assess on a case-by-case basis whether the fees set out in (1) apply.
4)If a waiver and/or modification should be standardised, that is, made available to any applicant meeting certain criteria (class modification/waiver), no fee will be required for an application for a waiver or modification.
EFFECTIVE PERIOD
This notice comes into effect on 1 January 2023.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE №AFSA-Q-NB-2022-0004 ON SUSPENSION OF THE LICENCE OF GB INSURANCE LTD.
NOTICE No. AFSA-Q-NB-2022-0004
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 GB Insurance Ltd. (the “Firm”) No. AFSA-A-LA-2022-0007 dated 4 February 2022 until further notice.
The suspension is made due to the failure of the Firm to satisfy the conditions applicable to its Licence, in particular regarding mandatory appointments of Approved Individuals and development of actuarial policies, procedures and controls as set out in the FSFR and the AIFC Insurance and Reinsurance Prudential Rules, as well as due to non-compliance with the AFSA core principles for Authorised Firms referring to Relations with the AFSA 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 AFSA PURSUANT TO SECTION 98 OF THE FSFR.
AFSA NOTICE № АFSA-Q-NB-2022-0003 On Modification to Otan Private Bank Ltd
MODIFICATION NOTICE
To | Otan Private Bank Ltd |
Address | 1 B n.p., 30 Building, Mangilik El ave, Nur-Sultan, Kazakhstan |
AFSA Licence No. | AFSA-A-LA-2020-0011 |
Notice No. | ________ |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Otan Private Bank Ltd (“OPB”) was granted the modifications of Rules 5.26 (1), 5.26 (7) and 5.26 (8) of the AIFC Banking Business Prudential Rules (“BBR”) and paragraphs 66 and 178 of Chapter 9 of the AIFC Banking Prudential Guideline (“BPG”) as specified in the right-hand column of the Table.
Table. MODIFIED AIFC RULE
# | Reference to the relevant rule | Modified rule |
1. | Rule 5.26 (1) of BBR | Management of Concentration risk exposures Calculating exposures (1) Large exposure means a gross exposure to a counterparty or connected counterparties that is 10% or more of the Bank's regulatory capital. In this rule: gross exposure to a counterparty or connected counterparties is the total of the following exposures: … (c) equity exposures d) cash on banking accounts and deposits placed in the banks risk-weighted by 30% (only applicable for the banks operating in Kazakhstan with external credit rating “B“ or higher). |
2. | Rule 5.26 (7) of BBR | Limits on exposures … (7) The total of the Bank's net exposures to any 1 counterparty or any 1 group of connected counterparties must not exceed 25% of the Bank's regulatory capital |
3. | Rule 5.26 (8) of BBR | Limits on exposures (8) The total of all of the Bank's net large exposures must not exceed 800% of that capital |
4. | Paragraph 66, Chapter 9 of BPG | Level 1 HQLA 66. Level 1 HQLA must be valued at market value and it consists of: … (e) in the case of sovereigns that are not eligible for zero % risk-weight, domestic sovereign or central bank debt securities issued in foreign currencies, up to the amount of the Bank’s stressed net cash outflows in that specific foreign currency stemming from the Bank’s operations in the jurisdiction where the Bank’s Liquidity Risk is being taken, where those securities satisfy all of the conditions in paragraph (c) (ii)(iii) and (iv) above; (f) any other types of assets approved by the AFSA under paragraph 24 as being eligible to be Level 1 HQLA g) claims on the National Bank of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan (liquidity on the current accounts, deposits and marketable securities) that are not restricted; and h) claims (other than equity) on banks discounted by 30% (only applicable for the banks operating in Kazakhstan with external credit rating “B“ or higher).” |
5. | Paragraph 178, Chapter 9 of BPG | 178. The Category 1 assets that receive 0% RSF factor include the following, subject to the paragraphs 186 & 187, which pertain to certain encumbered assets: … (d) trade-date receivables arising from sales of financial instruments, foreign currencies and commodities that: (i) are expected to settle within the standard settlement cycle or period that is customary for the relevant exchange or type of transaction; or (ii) have failed to settle, but are still expected to do so e) claims on the National Bank of the Republic of Kazakhstan, Government of the Republic of Kazakhstan (liquidity on the accounts, deposits and bonds) that are not restricted. |
CONDITION
The modifications granted in the above Table are subject to quarterly reporting of large exposures, including quarterly reporting of top-ten depositors and top-ten creditors, to the AFSA.
The modifications under items 1 and 4 of the above Table are granted until 31 December 2022. The modifications under items 2, 3 and 5 are granted until further notice.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force as set out above.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY REPRESENTED BY:
Name: Nurkhat Kushimov
Position: Chief Executive Officer, AFSA
DATE OF ISSUE: 19 July 2022
AFSA NOTICE № AFSA-Q-NB-2022-0002 ON SUSPENSION OF THE LICENCE OF SANITY CAPITAL LTD
NOTICE No. AFSA-Q-NB-2022-0002
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
In accordance with Section 98 of the AIFC Financial Services Framework Regulations, the AFSA has suspended the Licence of Sanity Capital Ltd AFSA-A-LA-2021-0027 dated 20 September 2021 until further notice.
The suspension is made due to non-compliance of Sanity Capital Ltd with the AFSA’s capital and liquidity requirements as set out in the AIFC Prudential Rules for Investment Firms, together with non-compliance with the AFSA’s 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 PURSUANT TO SECTION 98 OF THE AIFC FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-N-NB-2022-0002 ON CLASS MODIFICATION IN RESPECT OF TIME PERIOD FOR MAKING MARKET DISCLOSURE
NOTICE No. AFSA-N-NB-2022-0002
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left-hand column of the Table below is modified to the extent shown in the right-hand column of the Table and the right-hand column applies to Reporting Entities that under 3.4.2(1)(a) of the AIFC Market Rules must disclose its required annual reports and audited annual financial statements, as applicable.
TABLE – RULE MODIFIED
The Rule specified in the left-hand column of the Table below is modified to the extent shown in the right-hand column of the Table. In this Table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
AIFC Market Rules 3.4.2 Time period for making market disclosure
| 3.4.2 Time period for making market disclosure (1) A Reporting Entity must disclose its required annual and semi-annual reports within the following time periods: (a) in relation to its annual report: as soon as possible after the financial statements have been approved, but no later than (b) in relation to its semi-annual report: as soon as possible and in any event no later than 75 days after the end of the period to which the report relates. |
CONDITIONS
None.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until June 30, 2022 (inclusive).
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-T-NB-2022-0059 ON GRANTING WAIVER TO SkyBridge Invest JSC doing business in the AIFC
NOTICE No. AFSA-Е-NB-2022-0059
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 | 19, Kabanbay Batyr Ave., Block D, 1st fl., Nur-Sultan, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The requirement specified in AIFC CIS Rule 8.2.(e) 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 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-Q-NB-2022-0001 ON NO-ACTION LETTER TO LARECO
AFSA NOTICE № AFSA-Q-EC-2022-0016 On the Non-Action Letter for Kazakhstan Energy Reinsurance Company Ltd
NOTICE No. AFSA-Q-EC-2022-0016
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
Kazakhstan Energy Reinsurance Company Ltd. (KERC) was given an extension of no-action letter for appointment of an external Auditor, which is not an AIFC Participant, due to the fact that the branch of the appointed external Auditor in the AIFC is not yet operational.
Based on the facts and representations set forth by KERC, in accordance with Section 9 of AIFC Financial Services Framework Regulations, AFSA does not intent to take regulatory action against KERC.
The no-action position of AFSA only relates to requirement to appoint an Auditor set out in AIFC Financial Services Framework Regulations.
EFFECTIVE PERIOD
This no-action letter comes into effect on the date of issue and remains in force until 31 December 2022.
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. IT IS NOT A LEGAL OPINION, IT IS AN EXPRESSION OF REGULATORY INTENT AND IS SPECIFIC TO THE FACTS AND CIRCUMSTANCES.
AFSA NOTICE № AFSA-O-NB-2021-0001 ON TEMPORARY SUSPENSION OF PROTECTED CELL COMPANIES REGISTRATION
NOTICE No. AFSA-O-NB-2021-0001
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Due to the absence of the legal framework of Protected Cell Companies in the Tax Code of the Republic of Kazakhstan, the registration of Protected Cell Companies is temporary suspended until relevant amendments to the Tax Code are adopted or AFSA further notice is issued.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until the end of the term set out above.
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 7 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE №AFSA-Q-NB-2021-0006 ON APPROVAL OF ASSETS ELIGIBLE TO BE LEVEL 1 HQLA
NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
In accordance with paragraph 66(f) of the AIFC Banking Prudential Guideline, Astana Financial Services Authority approves the assets as being eligible to be Level 1 HQLA, which satisfy the following conditions:
1) Corporate RMB and USD bonds issued by state-owned Chinese corporations with S&P rating higher than BBB-;
2) RMB and USD bonds issued by China's state-owned financial institutions with S&P rating higher than BBB- and whereas they satisfy all of the following conditions:
-they are traded in large, deep and active repo or cash markets characterised by a low level of concentration; and
-they have proven record as a reliable source of liquidity in the markets (repo or sale) even during stressed market conditions.
The above assets can be included in the total stock of HQLA without any limit (i.e. up to 100% of HQLA).
EFFECTIVE PERIOD
This notice comes into effect from 2 June 2021 and remains effective 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 REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE №AFSA-N-NB-2021-0003 ON CLASS MODIFICATION
ON CLASS MODIFICATION
NOTICE No. AFSA-N-NB-2021-0003
Date of issue: 1 June 2021
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left-hand column of Table A is modified to the extent shown in the right hand column of Table A and right hand column of Table A apply to Reporting Entities that must disclose their required annual and semi-annual reports under 3.4.2 (1) of the AIFC Market Rules.
TABLE A – RULE MODIFIED
The Rule specified in the left-hand column of Table A is modified to the extent shown 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.
AIFC Act | Modified Text |
AIFC Market Rules 3.4.2 Time period for making market disclosure | 3.4.2 Time period for making market disclosure (1) A Reporting Entity must disclose its required annual and semi-annual reports within the following time periods: (a) in relation to its annual report: as soon as possible after the financial statements have been approved, but no later than (b) in relation to its semi-annual report: as soon as possible and in any event no later than |
CONDITIONS
CONDITIONS
None.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until October 31, 2021.
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
NOTICE N3 ON CONDITIONS FOR ADMISSION OF SECURITIES ON TRADING
Notice N3 on Conditions for Admission of Securities on Trading
RELEVANT STATUTORY PROVISION: MAR 1.1.1. (CONDITIONS FOR ADMISSION OF SECURITIES TO TRADING)
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Securities issued by the following bodies may be exempted from the requirement in MAR 1.1.1:
1) a properly constituted national or local government;
2) a legal entity of a public nature established by agreement between sovereign member states of which Kazakhstan is a member;
3) a central bank or other monetary authority of a sovereign state;
4) an issuer of securities unconditionally and irrevocably guaranteed by a national or local government of a sovereign state;
5) Sovereign Wealth Fund “Samruk-Kazyna” JSC and its direct and indirect Subsidiaries (as defined in the AIFC Glossary) subject to any conditions or restrictions that may be imposed by the AFSA and additional approval from the AFSA with respect to each specific offeror and offer; and
6) National Managing Holding “Baiterek” JSC and its direct and indirect Subsidiaries (as defined in the AIFC Glossary) subject to any conditions or restrictions that may be imposed by the AFSA and additional approval from the AFSA with respect to each specific offeror and offer.
This notice supersedes the AFSA Notice 0002.
NOTICE N5 ON LEGAL STATUS OF LEGAL ENTITIES INCORPORATED IN THE AIFC
Notice N5 on Legal Status of Legal Entities Incorporated in the AIFC
AFSA NOTICE ON LEGAL STATUS OF LEGAL ENTITIES INCORPORATED IN THE AIFC
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Astana Financial Services Authority is of the opinion that legal entities incorporated (registered) in accordance with the acting law of the Astana International Financial Centre are residents of the Republic of Kazakhstan.
NOTICE N6 ON EXEMPTION OF THE AIFC PARTICIPANTS FROM CERTAIN FINES
Notice N6 on Exemption of the AIFC Participants from certain fines
AFSA NOTICE ON THE EXEMPTION OF THE AIFC PARTICIPANTS FROM CERTAIN FINES
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Astana International Centre Participants may be exempted from the fines applied for the overdue of application for renewal of the Commercial Licence, notification of change in registered details and filing annual returns until 1 January 2021.
NOTICE N7 ON WORKING CAPITAL STATEMENT
Notice N7 on Working Capital Statement
AFSA NOTICE ON WORKING CAPITAL STATEMENT
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Astana Financial Services Authority, pursuant to sub-section 1.5.2 of the AIFC Market Rules, hereby declares that no working capital report is required. The Directors of the Issuer must provide a statement that in their opinion the working capital is sufficient for the Issuer's present requirements, that is for at least the next 12 months from the date of listing, or, if not how it proposes to provide the additional working capital needed.
NOTICE N8 ON WAIVER AND MODIFICATION
Notice N8 on Waiver and Modification
WAIVER AND MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
1. The Rules specified in Table A herein do not apply to the Reporting Entities and the Persons that intend to have Securities admitted to an Official List or admitted to trading on an Authorised Investment Exchange.
AND
2. The Rules specified in the left hand column of Table B herein do not apply to the Reporting Entities and the Persons that intend to have Securities admitted to an Official List or admitted to trading on an Authorised Investment Exchange in the form appearing in the AIFC Market Rules (MAR) but instead apply as modified in the right hand column of the table.
TABLE A – RULES WAIVED
AIFC Act Waived Rule
MAR 3.4.1(c)
MAR 3.4.2(c)
TABLE B – RULES MODIFIED
The Rules specified in the left-hand column of the Table B are modified to the extent shown in the right hand column of the table below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act Modified Text
MAR 2.5.3 2.5.3 Related party transaction procedures
A Reporting Entity must ensure that:
- (a) if the value of a Related Party Transaction is greater than 5% of value of the net assets of the Reporting Entity as stated in its most recent financial reports, it does not enter into such a transaction unless the transaction has been approved by a body competent to decide on such matters under the Reporting Entity’s constitutive documents and/or applicable law; or
- (c) if the cumulative value of a series of Related Party Transactions with the same Related Party and Associates of that Related Party reaches the 5% threshold referred to in (a) in any 12-month period, it does not enter into the last of the series of the transactions unless such proposed action has been approved by a body competent to decide on such matters under the Reporting Entity’s constitutive documents and/or applicable law .
MAR 1.5.1 8.3 Related party transactions
MAR Schedule 1 Disclosure of any Related Party Transactions during the period covered by the historical financial information and up to the date of the Registration Document must be made in accordance with the respective IFRS standard.
MAR 1.5.1 9.4 Special categories of companies
MAR Schedule 1 If the Issuer is a special category of company, such as a property, mineral, or scientific research company, or a start up company (a company with less than 3 year track record), a report by an Expert on the assets or rights owned by the Issuer prepared at a date which shall be no later than six months before the date of the Prospectus.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until the 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 № 0010 ON WAIVER AND MODIFICATION
WAIVER AND MODIFICATION NOTICE No. 0010
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
1. 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 Reporting Entities and the Persons that intend to have Shares admitted to an Official List or admitted to trading on an Authorised Investment Exchange, and the total aggregate consideration for such Shares offered is more than USD 100,000 (or an equivalent amount in another currency) and less than USD 200,000,000 (or an equivalent amount in another currency), calculated over a period of 12 months.
AND
2. The Rules specified in the left hand column of Table A herein do not apply to the Reporting Entities and the Persons that intend to have Securities admitted to an Official List or admitted to trading on an Authorised Investment Exchange in the form appearing in the AIFC Market Rules (MAR) but instead apply as modified in the right hand column of the table.
TABLE A – RULES MODIFIED
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. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
MAR 1.3.1 | MAR 1.3.1 with respect to Regional Equity Market Segment (the “REMS”) Issuers Prospectus Structure A Prospectus shall
|
MAR 3.4.2 | MAR 3.4.2 with respect to the modification of timely disclosure regarding REMS Time period for making market disclosure |
AIFC Act | Modified Text |
Starting as of the first anniversary of the admission of the Shares and/ or Certificates | |
over Sharesto an Official List of Securities, a Reporting Entitymust disclose its required financial reports within the following timeperiods: (a) in relation to its annual financial report: as soon as possible after the financial statements have beenapproved, but no later than120 days afterthe end of the financial period; (b) in relation to its semi-annual financial report: as soon as possible and in any event no later than 60 days after the end of the period to which the report relates. (c) |
EFFECTIVE PERIOD
This notice comes into effect on the date of its issue and remains in force until the:
(i) 31 December 2020; or
(ii) effective date of introduction of a new chapter for REMS.
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 № 0011 ON THE PROVISION OF ANCILLARY SERVICES AND FINANCIAL SERVICES WITHIN SAME LEGAL ENTITY
AFSA NOTICE №0011 ON THE PROVISION OF ANCILLARY SERVICES AND FINANCIAL SERVICES WITHIN THE SAME LEGAL ENTITY
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Astana Financial Services Authority is of the opinion that an AIFC Participant authorised to provide Ancillary Services cannot be authorised to carry out Regulated activities within the same legal entity. This firm must establish another entity and apply to the AFSA for obtaining a Licence to carry out Regulated Activities.
An AIFC Participant authorised to carry out Regulated Activities can provide consultancy services based on its licence, if such services are relevant and incidental to the Participant’s core business.
AFSA NOTICE № AFSA-G-NB-2020-0001 ON AUDIT OF THE FINTECH LAB PARTICIPANTS
A. POWER
1. This Notice is given by the Astana Financial Services Authority (the “AFSA”) under Section 9 of the AIFC Financial Services Framework Regulations and provision 2.6.1.(b) of the AIFC Financial Technology Rules.
B. DURATION
1. This Notice takes effect on 14 February 2019.
2. This Notice expires until the further notice issued by the AFSA.
C. DECISION
1. The AFSA has decided to exempt the FinTech Lab Participants from the requirements to appoint an Auditor and submit the audit reports (pursuant to Sections 109 AIFC Financial Services Framework Regulations and provision 6.3.9. of the AIFC General Rules), which have:
- a. not commenced business with its Clients; or
- b. has commenced business with its Clients for the period not exceeding 3 (three) months.
2. The FinTech Lab Participants referred in C1(b) of this Notice must submit the audit reports to the AFSA in line with provision 6.3.9. of the AIFC General Rules covering a period starting from commencement of business with the Clients for which the financial audit has not been conducted.
3. A FinTech Lab Participant may appoint an auditor who is an Ancillary Service Provider and/or an auditor licensed for the performance of the audit activity in line with the laws of Republic of Kazakhstan.
D. 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 № AFSA-T-NB-2020-0002 ON WAIVER AND MODIFICATION
To | Emirates Legal Limited |
Business Identification Number | 190640900114 |
Permitted Activity | Providing Legal Services |
The address of the Registered Office | 55/16, Mangilik Yel Avenue, office 364, Nur-Sultan |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rules specified in the left hand column of the Table herein do not apply to the above mentioned Person in the form appearing in the Anti-Money Laundering, Counter-Terrorist Financing and Sanctions (“AML”) Rules but instead apply as modified in the right hand column of the Table.
TABLE – RULES MODIFIED
The Rules specified in the left-hand column of the Table are modified to the extent shown in the right hand column of the Table below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
AML Chapter 13 | Rule 13.1.3 Residency Requirement T Guidance on appointment of MLRO (a) Under GEN 2.1.2, the MLRO function is a mandatory appointment. For the avoidance of doubt, the individual appointed as the MLRO of an Authorised Firm, other than a Representative Office, is the same individual who holds the Designated Function of MLRO of that Authorised Firm. (b) A Relevant Person other than an Authorised Firm should make adequate arrangements to ensure that it remains in compliance with these Rules in the event that its MLRO is absent. Adequate arrangements would include appointing a |
AML Chapter 13 | Rule 13.2.1 Appointment of deputy An |
CONDITIONS
The modification in respect of the Rules specified above remains in effect for the duration of the period not exceeding 12 months on condition that the above named Person to whom this notice applies will comply with the following conditions:
- a) to appoint a Deputy MLRO, resident in Kazakhstan, represented by legal Associate in Emirates Legal Limited office in the AIFC;
- b) to keep the position of the main MLRO by Director of the firm for general control and with the relevant responsibilities and functions;
- c) to obtain relevant AML training for the Deputy MLRO represented by legal Associate in Emirates Legal Limited office in the AIFC within 6 months from the day of notification by AFSA.
If the conditions stated above are breached, this notice ceases to have effect forthwith and the Rules specified in the table herein apply to the above mentioned Person to whom this notice applies in their unmodified form as they appear in the applicable section of the Rules in force at the relevant time.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until the end of the term set out above.
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-T-OA-2020-0020 ON WAIVER AND MODIFICATION
To | Tengri Partners Investment Banking (Kazakhstan) JSC doing business in the AIFC as Tengri Partners Investment Banking (AIFC) |
Business Identification Number | 200141900106 |
Permitted Activity | Dealing in Investments as Principal Dealing in Investments as Agent; Managing Investments; Managing a Collective Investment Scheme; Advising on Investments; Arranging Deals in Investments; Providing Fund Administration |
The address of the Registered Office | 55/16, Mangilik Yel, Block C3.1, Office 339, Nur-Sultan |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Requirements of the due dates specified in Risk Mitigation Program according to the AFSA Supervision Letter #AFSA -T-EC-2020-0022 dated by 05.02.2020 are waived for the effective period
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until July 31 st , 2020.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-T-NB-2020-0004 ON WAIVER AND MODIFICATION
WAIVER AND MODIFICATION NOTICE No. AFSA-T-NB-2020-0004 dated 24.06.2020
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
1. The Rules specified in Table A herein do not apply to the Authorised Firms carrying on Regulated Activity of Operating a Representative Office.
AND
2. The Rule specified in the left hand column of Table B herein do not apply to the Authorised Firms carrying on Regulated Activity of Operating a Representative Office in the form appearing in the AIFC AML Rules (AML) but instead apply as modified in the right hand column of the table.
TABLE A – RULES WAIVED
AIFC Act | Waived Rule |
GEN | 2.1.1 |
GEN | 2.1.2 |
REP | 3.4 (1) (a) |
TABLE B – RULES MODIFIED
The Rule specified in the left-hand column of the Table B is modified to the extent shown in the right hand column of the Table B below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
AML Chapter 2 | Rule 2.1 Application (a) The AML Rules apply to: (i) every Relevant Person in respect of all its AFSA regulated or supervised activities excluding a Regulated Activity of Operating a Representative Office; and (ii) the persons specified in AML 2.2 as being responsible for a Relevant Person's compliance with these Rules. (b) For the purposes of these Rules, a Relevant Person means: (i) an Authorised Firm; (ii) an Authorised Market Institution; (iii) a DNFBP; or (iv) a Registered Auditor. |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until the 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-T-OA-2020-0021 ON WAIVER AND MODIFICATION
WAIVER AND MODIFICATION NOTICE No. AFSA-T-AO-2020-0021
To | Seven Pillars Ltd |
Business Identification Number | 200340900267 |
Permitted Activity | Providing Legal Services, Providing Consulting Services – strategic management advice to enhance a client’s business. |
The address of the Registered Office | 55/20, Mangilik Yel Avenue, Block C4.1, office 251-252, Esil district, Nur-Sultan, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rules specified in the left hand column of the Table herein do not apply to the above mentioned Person in the form appearing in the Anti-Money Laundering, Counter-Terrorist Financing and Sanctions (“AML”) Rules but instead apply as modified in the right hand column of the Table.
TABLE – RULES MODIFIED
The Rules specified in the left-hand column of the Table are modified to the extent shown in the right hand column of the Table below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
AML Chapter 13 | Rule 13.1.3 Residency Requirement
Guidance on appointment of MLRO (a) Under GEN 2.1.2, the MLRO function is a mandatory appointment. For the avoidance of doubt, the individual appointed as the MLRO of an Authorised Firm, other than a Representative Office, is the same individual who holds the Designated Function of MLRO of that Authorised Firm. (b) A Relevant Person other than an Authorised Firm should make adequate arrangements to ensure that it remains in compliance with these Rules in the event that its MLRO is absent. Adequate arrangements would include appointing a |
AML Chapter 13 | Rule 13.2.1 Appointment of deputy
|
CONDITIONS
The modification in respect of the Rules specified above remains in effect for the duration of the period not exceeding 12 months on condition that the above-named Person to whom this notice applies will comply with the following conditions:
- a) to appoint a Deputy MLRO, resident in Kazakhstan, who has relevant experience or in case of absence of experience, should be provided with AML training in accordance with the Section 14.1.1 of the AIFC AML rules within 6 months from the day of Notification by the AFSA;
- b) to keep the position of the main MLRO by Director of Seven Pillars Limited, for general control and with the relevant responsibilities and functions;
- c) to keep the AFSA informed on the changes with the appointment of Director of Seven Pillars Ltd.
- If the conditions stated above are breached, this notice ceases to have effect forthwith and the Rules specified in the table herein apply to the above mentioned Person to whom this notice applies in their unmodified form as they appear in the applicable section of the Rules in force at the relevant time.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until the end of the term set out above.
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-N-NB-2020-0002 ON POSTPONEMENT OF THE DEADLINES FOR SUBMISSION OF ANNUAL FINANCIAL REPORTS BY RECOGNISED NON-AIFC MEMBERS
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
For the purpose of addressing the impacts and challenges, as well as to support National actions aimed to mitigate the risks raised by Covid-19 pandemic, the AFSA extends the time period required by provision 2.2.1 (d) of AIFC Recognition Rules, AIFC Rules No. FR004 of 2017 for making market disclosure by RNAM in relation to its annual financial report at the latest on 1 September 2020.
EFFECTIVE PERIOD
This notice comes into effect on the date of its issue and remains in force until 1 September 2020.
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-N-NB-2020-0003 ON WAIVER AND MODIFICATION
WAIVER AND MODIFICATION NOTICE No. AFSA-N-NB-2020-0003
To | Pre – IPO issuer, KCR Investments N.V. |
The address of the Registered Office | Piet Heinkade 55, Amsterdam, The Netherlands. |
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The AFSA extends the time period required by provision 3.4.2 (a) of AIFC Market Rules No.FR0003 of 2017 for making market disclosure by KCR Investments N.V. in relation to its annual financial report at the latest on 31 October 2020.
CONDITIONS
None.
EFFECTIVE PERIOD
This notice comes into effect on the date of its issue and remains in force until 31 October 2020.
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-Q-OA-2020-0024 ON MODIFICATION FOR INSURERS
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left hand column of Table A herein does not apply to the Insurers in the form appearing in the AIFC Insurance and Reinsurance Prudential Rules (PINS) but instead applies as modified in the right hand column of Table A.
TABLE A – RULES MODIFIED
The Rule specified in the left-hand column of Table A is modified to the extent shown in the right hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
PINS 1.1 (3) of Schedule 4 | 1.1 The Capital Floor (3) The Capital Floor is: (a) (b) (c) (d) US$5,000,000 for an AIFC-Incorporated Insurer carrying on Long-term Insurance Business; or (e) an amount specified in writing by the AFSA. |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0025 ON MODIFICATION FOR INSURANCE INTERMEDIARIES AND INSURANCE MANAGERS
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left hand column of Table A herein does not apply to the Insurance Intermediaries and Insurance Managers in the form appearing in the AIFC Prudential Rules for Insurance Intermediaries and Insurance Managers (PRU INT) but instead applies as modified in the right hand column of Table A.
TABLE A – RULES MODIFIED
The Rule specified in the left-hand column of Table A is modified to the extent shown in the right hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
PRU INT 3.2 (2) | 3.2 Minimum Capital Requirement (2) The Minimum Capital Requirement: (a) for an Insurance Intermediary that is not permitted to hold Client Money, is the greater of: (i) USD (ii) (b) for an Insurance Intermediary that is permitted to hold Client Money, is the greater of: (i) USD (ii) (c) for an Insurance Manager that is not permitted to hold Client Money, is the greater of (i) USD (ii) (d) for an Insurance Manager that is permitted to hold Client Money, is the greater of (i) USD (ii) |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES
FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0026 ON MODIFICATION FOR AUTHORISED FIRMS ADVISING ON A CREDIT FACILITY, ARRANGING A CREDIT FACILITY, ADVISING ON INVESTMENTS, ARRANGING DEALS IN INVESTMENTS
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rules specified in the left hand column of Table A herein do not apply to:
- - the Authorised Firms Advising on a Credit Facility, Arranging a Credit Facility in the form appearing in the AIFC Banking Business Prudential Rules (BBR),
- - the Authorised Firms Advising on Investments, Arranging Deals in Investments in the form appearing in the AIFC Prudential Rules for Investment Firms (PRU INV) but instead apply as modified in the right hand column of Table A.
TABLE A – RULES MODIFIED
The Rules specified in the left-hand column of Table A are modified to the extent shown in the right hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text | |
BBR 4.10 | 4.10 Base Capital Requirement The Base Capital Requirement is: ... (d) for an Authorised Firm Arranging Credit Facility – USD (e) for an Authorised Firm Advising on Credit Facility – USD ... | |
PRU INV 3.3 (3) Table 3.3 | 3.3 Minimum Capital Requirement (3) The Base Capital Requirement of a PRU Investment Firm shall be the amount specified in Table 3.3 by reference to the activity that the PRU Investment Firm is authorised to conduct or, if the PRU Investment Firm is authorised to conduct more than one such activity, the amount that is the higher or highest of the relevant amounts of in Table 3.3. Table 3.3 Base Capital Requirement | |
Regulated Activity | Base Capital Requirements (USD) | |
... | ... | |
Advising on Investments |
| |
Arranging Deals In Investments |
| |
... | .... |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0027 ON MODIFICATION FOR AUTHORISED FIRMS PROVIDING TRUST SERVICES
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left hand column of Table A herein does not apply to the Authorised Firms Providing Trust Services in the form appearing in the AIFC Prudential Rules for Investment Firms (PRU INV) but instead applies as modified in the right hand column of Table A.
TABLE A – RULES MODIFIED
The Rule specified in the left-hand column of Table A is modified to the extent shown in the right hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text | |
PRU INV 3.3 (3) Table 3.3 | 3.3 Minimum Capital Requirement (3) The Base Capital Requirement of a PRU Investment Firm shall be the amount specified in Table 3.3 by reference to the activity that the PRU Investment Firm is authorised to conduct or, if the PRU Investment Firm is authorised to conduct more than one such activity, the amount that is the higher or highest of the relevant amounts of in Table 3.3. Table 3.3 Base Capital Requirement | |
Regulated Activity | Base Capital Requirement (USD) | |
... | ... | |
Providing Trust Services | 200.000 | |
Providing Trust Services (where an Authorised Firm is not acting as trustee in respect of an express trust and does not hold clients’ money) | 10.000 | |
... | ... |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0028 ON MODIFICATION FOR ISLAMIC BANKS AND ISLAMIC FINANCING COMPANIES
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left hand column of Table A herein does not apply to the Islamic Banks and Islamic Financing Companies 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.
TABLE A – RULES MODIFIED
The Rule specified in the left-hand column of Table A is modified to the extent shown in the right-hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
IBB 4.7. | 4.7. Base capital requirement The Base capital requirement is defined as: (a) for an Islamic Bank – USD ... (c) for an Islamic Financing Company (i) in case if only own funds are used – USD 100,000; (ii) in case if not only own funds are used – USD 500,000. |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0029 ON MODIFICATION FOR BANKS AND CREDIT PROVIDERS
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left hand column of Table A herein does not apply to the Banks and Credit Providers in the form appearing in the AIFC Banking Business Prudential Rules (BBR) but instead applies as modified in the right hand column of Table A.
TABLE A – RULES MODIFIED
The Rule specified in the left-hand column of the Table A is modified to the extent shown in the right hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
BBR 4.10 | 4.10 Base Capital Requirement The Base Capital Requirement is: a) for a Bank – USD … c) for a Credit Provider – USD … |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0030 ON WAIVER AND MODIFICATION FOR CERTAIN TYPES OF INVESTMENT FIRMS
WAIVER AND MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
1. The Rule specified in Table A herein does not apply to the Authorised Firms carrying on Regulated Activity of Arranging Custody, Providing Fund Administration, Advising on Investments and Arranging Deals in Investments.
AND
2. The Rule specified in the left hand column of Table B herein does not apply to the Authorised Firms carrying on Regulated Activity of Providing Trust Services in the form appearing in the AIFC Prudential Rules for Investment Firms but instead applies as modified in the right hand column of Table B.
TABLE A – RULES WAIVED
AIFC Act | Waived Rule |
AIFC Prudential Rules for Investment Firms 4.2 (1) | 4.2 Liquid Assets requirement (1) A PRU Investment Firm must have, at all times, Liquid Assets whose value is at least equal to 25% of the firm’s Annual Operating Expenditure (as defined in Rule 4.4). |
TABLE B – RULES MODIFIED
The Rule specified in the left-hand column of Table B is modified to the extent shown in the right hand column of Table B below. In this table, underlining indicates new text, otherwise the Rule remains unaltered.
AIFC Act | Waived Rule |
AIFC Prudential Rules for Investment Firms 4.2 (1) | 4.2 Liquid Assets requirement (1) A PRU Investment Firm must have, at all times, Liquid Assets whose value is at least equal to 25% of the firm’s Annual Operating Expenditure (as defined in Rule 4.4). A PRU Investment Firm authorised for Providing Trust Services must have, at all times, Liquid Assets whose value is at least equal to 10% of the firm’s Annual Operating Expenditure (as defined in Rule 4.4), in case if it is not acting as trustee in respect of an express trust. |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-OA-2020-0031 ON MODIFICATION FOR TAKAFUL OPERATORS
MODIFICATION NOTICE
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left hand column of Table A herein does not apply to the Takaful Operators in the form appearing in the AIFC Takaful and Retakaful Prudential Rules (TRR) but instead applies as modified in the right hand column of Table A.
TABLE A – RULES MODIFIED
The Rule specified in the left-hand column of Table A is modified to the extent shown in the right hand column of Table A below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
TRR 1.1 (3) of Schedule 4 | 1.1 The Capital Floor (3) The Capital Floor is: (a) (b) (c) (d) US$5,000,000 for an AIFC-Incorporated Takaful Operator carrying on Family Takaful Business; or (e) An amount specified in writing by the AFSA. |
EFFECTIVE PERIOD
This notice comes into effect from 1 November 2020 and remains effective until 1 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 ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-N-NB-2021-0001 ON CLASS WAIVER IN RESPECT OF AGENT FOR SERVICE OF PROCESS
NOTICE No. AFSA-N-NB-2021-0001
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The Rules specified in Table A herein do not apply to the Authorised Market Institutions and its Members including Recognised Non-AIFC Members (RNAMs) incorporated outside the Republic of Kazakhstan, Persons who seek to have Securities or Units in a Listed Fund admitted to trading and issuers of Securities or Units in a Listed Fund.
RULES WAIVED
TABLE A | |
AIFC Act | Waived Rule |
AIFC AUTHORISED MARKET INSTITUTION RULES (AMI) | 2.6.4 (d) An Authorised Market Institution may not admit a Recognised Non-AIFC Member as a Member unless, where the Recognised Non-AIFC Member is incorporated outside the Republic of Kazakhstan, it appoints and maintains at all times, an agent for service of process in the AIFC. |
3.2.3 (d) An Authorised Investment Exchange may not admit Securities or Units in a Listed Fund to trading unless the Person who seeks to have such Investments admitted to trading, appoints and maintains at all times, an agent for service of process in the AIFC and requires such agent to accept its appointment for service of process. | |
3.6.6 (d) An Authorised Investment Exchange may not admit Securities or Units in a Listed Fund to an Official List unless the issuer of such Investments appoints and maintains at all times, an agent for service of process in the AIFC and requires such agent to accept its appointment for service of process. |
CONDITIONS
Astana International Exchange Limited, Recognised Non-AIFC Members incorporated outside the Republic of Kazakhstan and Persons who seek to have Securities or Units in a Listed Fund admitted to trading and Issuers of Securities or Units in a Listed Fund enter into enforceable undertaking:
- a) to treat any service of process addressed to designated electronic mail address as a proper service of process where any possible defenses against these arrangements to the service of process cannot be used as a basis for judicial actions;
- b) to acknowledge all the emails received from either the Astana lnternational Exchange Limited or AFSA;
- c) to appoint and maintain at all times an agent for service of process in the AIFC after the lapse of this waiver or untill the further notice.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force for 12 (twelve) months thereafter or until the further notice, whichever is the earlier.
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-Q-NB-2021-0001 ON NO-ACTION LETTER
NOTICE No. AFSA-Q-NB-2021-0001
ON NO-ACTION LETTER
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY HEREBY GIVES NOTICE THAT:
Kazakhstan Energy Reinsurance Company Ltd. (KERC) was given no-action letter for appointment of an external Auditor, which is not an AIFC Participant, due to the fact that the branch of the appointed external Auditor in the AIFC is not yet operational.
Based on the facts and representations set forth by KERC, in accordance with Section 9 of AIFC Financial Services Framework Regulations, AFSA does not intent to take regulatory action against KERC.
The no-action position of AFSA only relates to requirement to appoint an Auditor set out in AIFC Financial Services Framework Regulations.
EFFECTIVE PERIOD
This no-action letter comes into effect on the date of issue and remains in force until 31 December 2021.
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. IT IS NOT A LEGAL OPINION, IT IS AN EXPRESSION OF REGULATORY INTENT AND IS SPECIFIC TO THE FACTS AND CIRCUMSTANCES.
AFSA NOTICE № AFSA-N-NB-2021-0002 ON CLASS MODIFICATION
NOTICE No. AFSA-N-NB-2021-0002
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
The Rules specified in the left-hand column of the Table herein do apply to the Recognised Non-AIFC Members, including those which have been admitted as trading members of the Authorised Investment Exchange. The requirements on an annual report and period of its submission are subject to a class modification in accordance with Rule 2.2.1. (a)(i) and (d) as modified in the right-hand column of the Table, and the requirement on notifications is subject to a class modification in accordance with Rule 2.2.2. as modified in the right-hand column of the Table.
TABLE – RULES MODIFIED:
The Rules specified in the left-hand column of the Table are modified to the extent shown in the right-hand column of the Table below. In this Table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Proposed modification |
AIFC Recognition Rules 2.2.1. Annual reports | a) A Recognised Non-AIFC Member, which is not a trading member of the Authorised Investment Exchange, shall provide the AFSA and a Recognised Non-AIFC Member, which is a trading member of the Authorised Investment Exchange, shall provide the Authorised Investment Exchange with an annual report which must include: (i) a copy of its audited annual report and accounts, including any consolidated annual report and accounts of any Group of which the Recognised Non-AIFC Member is a member; … (d) Copies of the report should be sent to the AFSA within |
AIFC Recognition Rules 2.2.2. Notifications to be made to the AFSA | 2.2.2. Notifications A Recognised Non-AIFC Member must notify the AFSA or, in case such Recognised Non-AIFC Member is an effective trading member of the Authorised Investment Exchange, the Authorised Investment Exchange, of the events identified in the first column of the table in Schedule 3 within the period and in the manner specified in the second and third columns of that table. |
EFFECTIVE PERIOD
This notice comes into effect from 1 March 2021 and remains effective until 2 July 2022.
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-Q-NB-2021-0003 ON GRANTING MODIFICATION TO OTAN PRIVATE BANK LIMITED
ON GRANTING MODIFICATIONS TO OTAN PRIVATE BANK LIMITED
NOTICE No. AFSA-Q-NB-2021-0003
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
Otan Private Bank Limited (“OPB”) was granted the modification of the AIFC General Rule (“GEN”) 6.3.9 (b) as specified in the right-hand column of the Table A.
Table A. MODIFIED AIFC RULE
Reference to the relevant rule | Modified rule |
Rule 6.3.9. (b) of the AIFC General Rules: 6.3.9. Audit reports An Authorised Person must: ... (b) submit any reports so produced to the AFSA within four months of the Authorised Person’s year end. | 6.3.9. Audit reports An Authorised Person must: ... “(b) submit any reports so produced to the AFSA after the first year of business commencement, within four months of the Authorised Person’s year end, and for the period since the date of the Authorised Person’s authorisation by the AFSA.” |
CONDITION
The modification granted in the above Table A is subject to providing ASFA and the Otan Private Bank Limited shareholders, within four months of the year end, with the unaudited reports of the annual year-end financial performances until the first year of business commencement.
The AFSA will publish the modification of GEN 6.3.9 (b) on its official website.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-Q-NB-2021-0004
NOTICE No. AFSA-Q-NB-2021-0004
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA) HEREBY GIVES NOTICE THAT:
LARECO Underwriting Agency Limited was granted the modification of the AIFC General Rule (“GEN”) 6.3.9 (b) as specified in the right-hand column of the Table A.
Table A. MODIFIED AIFC RULE
Reference to the relevant rule | Modified rule |
Rule 6.3.9. (b) of the AIFC General Rules: 6.3.9. Audit reports An Authorised Person must: ... (b) submit any reports so produced to the AFSA within four months of the Authorised Person’s year end. | 6.3.9. Audit reports An Authorised Person must: ... “(b) submit any reports so produced to the AFSA after the first year of business commencement, within four months of the Authorised Person’s year end, and for the period since the date of the Authorised Person’s authorisation by the AFSA.” |
CONDITION
The modification granted in the above Table A is subject to providing ASFA and the LARECO Underwriting Agency Limited’s shareholders, within four months of the year end, with the unaudited reports of the annual year-end financial performances until the first year of business commencement.
The AFSA will publish the modification of GEN 6.3.9 (b) on its official website.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-T-NB-2021-0002 ON GRANTING MODIFICATION TO PROGRESS CONNECT LTD
NOTICE No. AFSA-T-NB-2021-0002
To | Progress Connect Ltd |
Business Identification Number | 190840900022 |
Permitted Activity | Providing Accountancy Services, Providing Consulting Services on Tax and Business Management. |
The address of the Registered Office | 55/17, Mangilik El Street, Office145, Nur-Sultan, Kazakhstan |
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rules specified in the left hand column of the Table herein do not apply to the above mentionedPerson in the form appearing in the sections 13.1.3 and 13.2.1 of Anti-Money Laundering, Counter- Terrorist Financing and Sanctions Rules (“AML”) but instead apply as modified in the right hand column of the Table.
TABLE– RULES MODIFIED
The Rules specified in the left-hand column of the Table are modified to the extent shown in the right hand column of the Table below. In this table, underlining indicates new text and striking through indicates deletedtext, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
AML Chapter 13 | Rule 13.1.3 Residency Requirement
Guidance on appointment of MLRO Under GEN 2.1.2, the MLRO function is a mandatory appointment. For the avoidance of doubt, the individual appointed as the MLRO of an Authorised Firm, otherthan a Representative Office, is the same individual who holds the Designated Function of MLRO of that Authorised Firm. A Relevant Person other than an Authorised Firm should make adequate arrangements to ensure that it remains in compliance withthese Rules in the eventthat its MLRO is absent. Adequate arrangements would include appointing a |
AML Chapter 13 | Rule 13.2.1 Appointment of deputy An |
CONDITIONS
The modification in respect of the Rules specified above remains in effect for the duration of the period not exceeding 12 months on condition that the above-named Person to whom this notice applies will comply with the following conditions:
to appoint a Deputy MLRO, resident in Kazakhstan, who has relevant experience or in case of absence of experience, should be provided with AML training within 6 months from the day of Notification by the AFSA;
to keep the position of the main MLRO by Director of the firm for general control and with the relevant responsibilities and functions;
If the conditions stated above are breached, this notice ceases to have effect forthwith and the Rules specified in the table herein apply to the above-mentioned Person to whom this notice applies in their unmodified form as they appear in the applicable section of the Rules in force at the relevant time.
EFFECTIVE PERIOD
Thisnotice comes into effect on the date of issue and remainsin force until the end of the term set out above.
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-A-NB-2021-0003 ON CLASS MODIFICATION
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rules specified in the left-hand column of the Table herein do not apply to the Authorised Crowdfunding Platforms in the form appearing in the AIFC Authorised Market Institution Rules (AMI) but instead apply as modified in the right-hand column of the Table.
TABLE – MODIFIED AIFC RULE
The Rule specified in the left-hand column of the Table are modified to the extent shown in the right-hand column of the Table below. In this Table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
7.3.1 (5) AMI | Rule 7.3.1 (5) Clients of an Authorised Crowdfunding Platform For the purposes of AMI 7, “Accredited Lender or Accredited Investor” means:
a “Professional Client” as defined in COB 2.3 or a “Market Counterparty” as defined in COB 2.7. |
EFFECTIVE PERIOD
This notice comes into effect on the date of issue and remains in force until further instruction from 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 PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGLATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.
AFSA NOTICE №AFSA-Q-NB-2021-0005 ON GRANTING MODIFICATIONS TO Otan Private Bank Limited
NOTICE No. AFSA-Q-NB-2021-0005
THE ASTANA FINANCIAL SERVICES AUTHORITY (AFSA)HEREBY GIVES NOTICETHAT:
OtanPrivate Bank Limited(“OPB”) was granted the modifications of the AIFC Banking Business Prudential Rules (“BBR”) 5.26 (1), 5.26 (7), 5.26 (8) and the AIFC Banking Prudential
Guideline (“BPG”) Paragraph 25 of Chapter 5, Paragraph 83 (Table F1, item 1, 2) of Chapter 6, Paragraphs 66, 178, 191 of Chapter 9 as specified in the right-hand column of the Table.
Table. MODIFIED AIFC RULE/GUIDELINE
Item No | Reference to the relevant rule/guideline | Modified rule/giudeline | |||||||
1 | Paragraph 66, Chapter 9 of the BPG: Level 1 HQLA 66. Level 1 HQLA must be valued at market value and it consists of: … | Paragraph 66, Chapter 9 of the BPG: Level 1 HQLA 66. Level 1 HQLA must be valued at market value and it consists of: … claims on the National Bank of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan (liquidity on the current accounts, deposits and marketable securities) that are not restricted; claims on the Eurasian Development Bank (liquidity of the accounts, deposits and bonds) that are not restricted. | |||||||
2 | Paragraph 178, Chapter 9 of the BPG: 178. The Category 1 assets that receive 0% RSF factor include the following, subject to the paragraphs 186 & 187, which pertain to certain encumbered assets: … | Paragraph 178, Chapter 9 of the BPG: 178. The Category 1 assets that receive 0% RSF factor include the following, subject to the paragraphs 186 & 187, which pertain to certain encumbered assets: … Claims on the National Bank of the Republic of Kazakhstan, Government of the Republic of Kazakhstan (liquidity on the accounts, deposits and bonds) thatare not restricted; Claims on the Eurasian Development Bank (liquidity of the accounts, deposits and bonds) that are not restricted. | |||||||
3 | Paragraph 191, Chapter 9 of the BPG: 191. The AFSA may allow, on a case by case basis, a Bank to include a longer term asset which is relatively easy to liquidate in the sight - 8 days time band. The discount factor to be applied to types of marketable assets must be determined by reference to the following table: | Paragraph 191, Chapter 9 of the BPG: 191. The AFSA may allow, on a case by case basis, a Bank to include a longer term asset which is relatively easy to liquidate in the sight - 8 days time band. The discount factor to be appliedto types of marketable assets must be determined by reference to the following table: | |||||||
Benchmark discount | Benchmark discount | ||||||||
Central government and central government- guaranteed marketable Securities with twelve or fewer months 'residual maturity, including treasury bills; and eligible local authority paper and eligible bank bills. | 0% | Central government and central government- guaranteed marketable Securities bills. | 0% | ||||||
Non-government debt Securities which are Investment Grade, and which have six or fewer months' residual maturity. | 5% | Non-government debt Securities which areInvestment Grade, andwhich have six or fewer months' residual maturity. | 5% | ||||||
… | … | ||||||||
… | … | ||||||||
The marketable securities of the Eurasian Development Bank | 0% | ||||||||
4 | Paragraph 25, Chapter 5 of the BPG: 25. In respectof table 5B, the list of multilateral development banks (Item 4 in Column 1) which qualify for a 0% risk weight,are published by the BaselCommittee for Banking Supervision (BCBS). The list was originally included in the document Basel II: International Convergence of CapitalMeasurement and CapitalStandards: A RevisedFramework—Comprehensive Version¸ published by the BCBS on 30 June 2006, andhas since been updated by BCBS newsletters. As at November 2016 the list is as follows: … | Paragraph 25, Chapter 5 of the BPG: 25. In respectof table 5B, the list of multilateral development banks (Item4 in Column 1) whichqualify for a 0% risk weight, are published by the Basel Committee for Banking Supervision (BCBS). The list was originallyincluded in the document BaselII: International Convergence of Capital Measurement and Capital Standards: A Revised Framework—Comprehensive Version¸ published by the BCBS on 30 June 2006, and has since been updated by BCBS newsletters. As at November 2016the list is as follows: … The Eurasian Development Bank. | |||||||
5 | Section 5.26 (1), Chapter 5 of the BBR: 5.26 Management of Concentration riskexposures Calculating exposures (1) Large exposure means a grossexposure to a counterparty or connected counterparties that is 10% ormore of the Bank's regulatory capital. In thisrule: gross exposure to a counterparty or connected counterparties is the total of the following exposures: … | Section 5.26 (1), Chapter 5 of the BBR: 5.26 Management of Concentration riskexposures Calculating exposures (1) Large exposure means a grossexposure to a counterparty or connected counterparties that is 10% ormore of the Bank's regulatory capital. In thisrule: gross exposure to a counterparty or connected counterparties is the total of the following exposures: … d) cash on accounts risk-weighted in accordance withTable 5B and Table 5C of BBR. | |||||||
6 | Section 5.26 (7), Chapter 5 of the BBR: 5.26 Management of Concentration riskexposures … Limits on exposures … (7) The totalof the Bank'snet exposures to any 1 counterparty or any 1 group of connected counterparties must not exceed25% of theBank's regulatory capital. | Section 5.26 (7), Chapter 5 of the BBR: 5.26 Management of Concentration riskexposures … Limits on exposures … (7) The totalof the Bank'snet exposures to any 1 counterparty or any 1 group of connected counterpartiesmust not exceed 25% of the Bank's regulatory capital, except to any types of claims on the National Bank of | |||||||
… | the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. Thenet exposure on the Eurasian Development Bank is limited up to 300% of the Bank'sregulatory capital. … | ||||||||
7 | Section 5.26 (8), Chapter 5 of the BBR: 5.26 Management of Concentration riskexposures … Limits on exposures … (8) The totalof all of the Bank'snet large exposures must not exceed800% of thatcapital. … | Section 5.26 (8), Chapter 5 of the BBR: 5.26 Management of Concentration riskexposures … Limits on exposures … (8) The totalof all of the Bank'snet large exposures must not exceed800% of that capital, except to any types ofclaims on the National Bank of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. … | |||||||
8 | Paragraph 83 (TableF1, items 1,2),Chapter 6 of the BPG: 83. The Bank may offsetmatched long and short positions (including positions in derivatives) in identical instruments with exactly the same issuer,coupon, currency andmaturity. Table F1 specific risk capital charges | Paragraph 83 (TableF1, items 1,2),Chapter 6 of the BPG: 83. The Bank may offsetmatched long and short positions (including positions in derivatives) in identical instruments with exactly the same issuer,coupon, currency andmaturity. Table F1 specific risk capital charges | |||||||
column 1 item | column 2 category | column 3 external credit rating | column 4 residual maturity | column 5 specific risk capital charge (%) | |||||
1 | government | AAA to AA- and claims on the National Bank of theRepublic of Kazakhstan and the Government of the Republic of Kazakhstan. | 0.00 | ||||||
… | … | … | |||||||
… | … | ||||||||
… | … | ||||||||
2 | qualifying | claims on the Eurasian | 0.00 | ||||||
Development Bank | |||||||||
… | … |
CONDITION
The modifications granted in the above Table are subject to monthly reporting of large exposures, including monthly reporting of top-tendepositors and top-tencreditors.
The modification items 4, 5, 6, 7 of the above Table are granted for 12 months and are renewable unless Otan Private Bank Limited identifies other additional counterparty banks to allocate its funds.
The AFSA will publish the modifications of BBR 5.26 (1), 5.26 (7), 5.26 (8) and BPG Paragraph
25of Chapter 5, Paragraph 83 (Table F1, item 1, 2) of Chapter 6, Paragraphs 66, 178, 191 of Chapter9 on its officialwebsite.
EFFECTIVE PERIOD
This notice comes into effect on the date of issue.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANTTO SECTION 9 OF THE FINANCIAL SERVICESFRAMEWORK REGULATIONS BY THE ASTANAFINANCIAL SERVICES AUTHORITY.
AFSA NOTICE № AFSA-T-NB-2022-0061 On No-action Letter Notice FONTE Capital Ltd.
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
FONTE Capital Ltd. (‘Fonte’) was given a no-action letter for the conduct that will lead to non-compliance with subrules 3.1.5 of the AIFC Dematerialised Investment Rules, according to which «The Issuer must not appoint a Person other than an Authorised Market Institution or another Person authorised (however described) to conduct business in the AIFC to maintain a register of Uncertificated Investments on its behalf», and subrules 1.5.4 (f) according to which «The register of its legal title holders is maintained in the AIFC by an AIFC Participant».
Based on the facts and representations set forth by Fonte, in accordance with Section 9 of the AIFC Financial Services Framework Regulations, AFSA does not intend to take regulatory action against Fonte.
The no-action position of AFSA only relates to requirements of subrules 3.1.5 and 1.5.4 (f) of the AIFC Dematerialised Investment Rules.
EFFECTIVE PERIOD
This no-action letter comes into effect on the date of issue and remains in force until the first direction by AFSA to Fonte, either until the technical capacity of the AIX Registrar is sufficient to enable transfer of units between other local and foreign depositories.
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. IT IS NOT A LEGAL OPINION, IT IS AN EXPRESSION OF REGULATORY INTENT AND IS SPECIFIC TO THE FACTS AND CIRCUMSTANCES.
AFSA NOTICE № AFSA-N-NB-2022-0004 ON EQUIVALENT REGULATED EXCHANGES
NOTICE No. AFSA-N-NB-2022-0004
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 |
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 TO:
AFSA NOTICE №0004 ISSUED ON 28 FEBRUARY 2019 (AS AMENDED),
AFSA NOTICE №0009 ISSUED ON 23 JULY 2019 (AS AMENDED),
AFSA NOTICE №AFSA-N-NB-2021-0004 ISSUED ON 3 NOVEMBER 2021 (AS AMENDED) AND
AFSA NOTICE № AFSA-Q-NB-2022-0005 ON SUSPENSION OF THE LICENCE OF GB FINANCE LTD.
NOTICE No. AFSA-Q-NB-2022-0005
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 GB Finance Ltd. (the “Firm”) No. AFSA-A-LA-2022-0015 dated 3 May 2022 until further notice.
The suspension is made due to the failure of the Firm to comply with prudential requirements (minimum levels of capital adequacy ratios, limits on lending to related parties, limits on large exposures) set out in the AIFC Banking Business Prudential Rules, along with requirements of the AIFC Rules on Currency Regulation. The Firm failured to notify the AFSA of breaches or potential breaches of prudential requirements, and how it is proposed to remedy them as well as of certain acquisitions having a significant impact on the Firm’s risk profile and resources, in further breach of 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 AFSA PURSUANT TO SECTION 98 OF THE FSFR.
AFSA NOTICE № AFSA-N-NB-2022-0006 ON CLASS MODIFICATION IN RESPECT OF PERSONS ALLOWED TO USE THE SERVICE OF AUTHORISED CROWDFUNDING PLATFORMS
NOTICE No. AFSA-N-NB-2022-0006
THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
The Rule specified in the left-hand column of the Table below is modified to the extent shown in the right-hand column of the Table and applies to Authorised Crowdfunding Platforms in respect of Persons allowed to use the service of Authorised Crowdfunding Platforms.
TABLE – RULE MODIFIED
The Rule specified in the left-hand column of the Table below is modified to the extent shown in the right-hand column of the Table. In this Table, underlining indicates the new text, otherwise the Rule remains unaltered.
AIFC Act | Modified Text |
AIFC Authorised Market Institution Rules 7.3.6 Due diligence on Borrowers or Issuers
| 7.3.6 Due diligence on Borrowers or Issuers (1) An Authorised Crowdfunding Platform must not permit a Borrower or Issuer to use its service unless the Borrower or Issuer is a Body Corporate or a sole proprietor. Criteria for a sole proprietor shall be provided for in the internal rules of the Authorised Crowdfunding Platform and should be agreed with the AFSA. … |
CONDITIONS
None.
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.
THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE ASTANA INTERNATIONAL FINANCIAL CENTRE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.