How to Become a Trading Member

№

Name of the document

Form of provision

Physical medium document flow

Electronic document flow

1.      

Registered founding documents of the Applicant with current changes and supplements.

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

2.      

Document confirming state registration of the Applicant: extract from the trade register of the country of registration of the Applicant or other document confirming legal status of the Applicant in accordance with legislation of the country of their registration.

Notarised copy or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

3.      

Certificate of registration of the Applicant with a tax authority or other document issued by a tax authority in accordance with legislation of the country of registration of the Applicant.

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

4.      

Document confirming the fact of election (appointment) of sole executive body of the Applicant.

Original, or notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

5.      

Order on assumption of office by sole executive body of the Applicant with indication of the date of assumption of office.

Original, or notarised copy,or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

6.      

ID document of the person assigned as sole executive body of the Applicant.

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

7.      

Employment agreement (contract) of sole executive body of the Applicant.

The said document is provided to the Company only if founding documents of the Applicant or the document on election (appointment) of sole executive body do not indicate the term, for which sole executive body is elected.

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

8.      

Power of attorney confirming authorities of persons mentioned in the Application (file) of the Member regarding which the information is provided in sections “Information on Representatives (individuals)” and “Information on Representatives (legal entities, unincorporated foreign structures)”, and/or persons mentioned in the Application of the client's representative being a legal entity/ Application of the client's representative being an individual, except information about sole executive body of the Applicant.

Original, or notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

9.      

ID document of the individual indicated in clause 8 of this table.

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

10.   

Documents of the managing organisation.

If authorities of the Applicant's sole executive body and signing powers are transferred to a managing organisation, documents confirming legal capacity of the such managing organisation are submitted to ITS, as indicated in clauses 1-8 of this table.

Original, or notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

11.   

Ownership structure of the Applicant or extract(s) from the shareholder register of the Applicant and their shareholders (if necessary).

Ownership structure of the Applicant is disclosed up to individuals, who in the end directly or indirectly (through third persons) own (have majority share of over 25 per cent in the Applicant's capital) or may control actions of the Applicant.

Country of registration/ incorporation (citizenship) of foreign legal entities and individuals from the Ownership structure is indicated. 

The Original, or notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).    

as an Electronic Document signed with a Digital Signature

12.   

Local Regulator's licence and/or AIFC licence

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

13.   

AIFC document recognising the Local Regulator's licence

Notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

14.   

Information on business reputation of the Applicant 

Original, or notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

15.   

Details about the Applicant's financial status

Financial statements prepared in English or in Russian in accordance with the requirements defined by International Financial Reporting Standards.

Original, or notarised copy, or a copy certified by an authorised employee of the Applicant (if the original document is provided to the Company), or a copy certified by an authorised employee of the Company (if the original is available).

as an Electronic Document signed with a Digital Signature

16.   

Wolfsberg Questionnaire (filled in by Applicants who are credit institutions)

The Original.

as an Electronic Document signed with a Digital Signature

17.   

Certificate of tax residency of the Applicant/Member for the year in which the conclusion of the trading service agreement and (or) clearing service agreement takes place, in the form approved in the jurisdiction of tax residency of the Applicant/Member (if applicable) (in the presence / absence of a valid double taxation treaty concluded by the country of tax residency of the Applicant/Member and the Republic of Kazakhstan) and in accordance with the requirements for such a certificate approved in the Republic of Kazakhstan)

(for tax non-residents of the Republic of Kazakhstan)

The Original, legalized in the manner prescribed by the legislation of the Republic of Kazakhstan (where applicable) and a notarized translation into Russian (where applicable), or a notarized copy of the original document.

The signature and seal of the foreign notary must be legalized in the manner prescribed by the legislation of the Republic of Kazakhstan. or an electronic version posted on the Internet resource of the state body performing legalization, or other state organization or public chamber of notaries collecting (storing) electronic apostilles of a foreign state,or a paper copy of such certificate posted on the Internet resource of the competent authority of a foreign state.

as an Electronic Document signed with a Digital Signature (Electronic Document should be accompanied by two (2) hard copies.).

Name and form of reporting

Frequency of submission

Deadline for submission

Financial reports (if there is a subsidiary organization(s) - consolidated and separate financial statements) prepared in Russian or English in accordance with the requirements specified by International Financial Reporting Standards or other standards applicable in the jurisdiction of the Applicant/Member.

For Applicant: documents are provided for 4 quarters preceding the submission date.

For Member: quarterly.

For Applicant:

upon submission of documents for registration as a Member.

·       For Member: quarterly - not later than the last working day of the month following the reporting quarter;

·       annual audited financial statements as of 31 December - not later than 01 July of the year following the reporting quarter.

Information on compliance with mandatory financial requirements and other norms and limits set by the competent regulatory authority of the financial market and organizations of the state or place where the Applicant/ Member is registered (if applicable)

For Applicant: documents are provided for 12 months preceding the submission date.

For Member: quarterly.

For Applicant: upon submission of documents for registration as a Member.

For Member: no later than the last working day of the month following the reporting quarter.

Information on the Applicant/Member's violation of mandatory financial requirements and other norms and limits set by the competent regulatory authority of the financial market and organizations of the state or place where the Applicant/Member is registered (if applicable)

For Applicant: as soon as it happened

For Member: as soon as it happened

For Applicant: upon submission of documents for registration as a Member.

For Member: within one working day from the date of occurrence of the violation

Information on initiation of bankruptcy proceedings

For Applicant: as soon as it happened

For Member: as soon as it happened

For Applicant: upon submission of documents for registration as a Member.

For Member: within one working day from the date of occurrence of the violation

Information on suspending, withdrawing or annulling a license to operate on the securities market

For Applicant: as soon as it happened

For Member: as soon as it happened

For Applicant: upon submission of documents for registration as a Member.

For Member: within one working day from the date of occurrence of the violation

Certificate of tax residency of the Applicant/Member (for tax non-residents of the Republic of Kazakhstan)

For Applicant / For Member:

for the year in which the conclusion of the trading service agreement and clearing service agreement takes place, in the form approved in the jurisdiction of tax residence of the Applicant/Member, if applicable (in the presence / absence of a valid double taxation treaty concluded by the country of tax residence of the Applicant/Member and the Republic of Kazakhstan) and in accordance with the requirements for such certificate approved in the Republic of Kazakhstan

For Applicant: upon submission of documents for registration as a Member.

·       For Member: no later than 31 January for the year in question.

Confirmation of Beneficiary Ownership of Income of the Applicant/Member in the form of Annex 4 to the Membership Rules, signed by an authorised representative of the Applicant/Member (for tax non-residents of the Republic of Kazakhstan)

For Applicant for the year in which the conclusion of the clearing service agreement and/or the trading service agreement takes place.

For Member: annually.

For Applicant: upon submission of documents for registration as a Member.

·       For Member: no later than January 31 for the current year.