Rule · NBK · 20 Apr 2026
Digital financial asset platform operators and digital asset trading platform operators must undergo accounting registration with the National Bank via the "electronic government" web portal, meet minimum charter capital of 100,000,000, 200,000,000 or 250,000,000 tenge, and are prohibited from serving individuals under eighteen. They must notify the National Bank of document amendments within 10 working days, of voluntary reorganization within 10 working days, and of termination within 3 working days, and provide platform information-security testing protocols 10 working days before issuance or trading.
| NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN | NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN | |
| RESOLUTION OF THE BOARD | RESOLUTION OF THE BOARD | |
| dated 10 April 2026 Astana city | No. 37 Astana city |
On Approval of the Rules for the Activities
of Digital Financial Asset Platform Operators,
of Digital Asset Trading Platform Operators
In accordance with subparagraph 2) of part two of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State and Socially Responsible Services", the Board of the National Bank of the Republic of Kazakhstan RESOLVES:
To approve the attached Rules for the Activities of Digital Financial Asset Platform Operators, Digital Asset Trading Platform Operators (hereinafter – the Rules).
The Department of Payment Systems and Digital Financial Technologies of the National Bank of the Republic of Kazakhstan shall, in the manner established by the legislation of the Republic of Kazakhstan, ensure:
1) together with the Legal Department of the National Bank of the Republic of Kazakhstan, state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration of this resolution, submission to the Legal Department of the National Bank of the Republic of Kazakhstan of information on the implementation of the measure provided for by subparagraph 2) of this paragraph.
Control over the execution of this resolution shall be assigned to the supervising Deputy Chairman of the National Bank of the Republic of Kazakhstan.
This resolution shall enter into force on 1 May 2026 and shall be subject to official publication.
To suspend until 12 July 2026 the effect of:
subparagraph 7) of paragraph 1 of the Rules, providing that during the suspension period this subparagraph shall have the following wording:
"7) information security requirements applicable to digital platforms of a digital financial asset platform operator and a digital asset trading platform operator;";
paragraph 3 of the Rules, providing that during the suspension period this paragraph shall have the following wording:
"3. To undergo accounting registration with the National Bank, the service recipient (for the purposes of this chapter, the service recipient means a digital financial asset platform operator and a digital asset trading platform operator) shall submit to the National Bank through the "electronic government" web portal an application in the form according to Appendix 1 to the Rules.
The application shall be accompanied by the documents and information provided for by paragraph 15 of Article 6 of the Law on Digital Assets.";
paragraph 6 of the Rules, providing that during the suspension period this paragraph shall have the following wording:
"6. An employee of the National Bank authorized to receive and register correspondence shall, on the day of receipt of the application, receive, register and forward it for execution to the subdivision responsible for providing the state service for accounting registration (hereinafter – the responsible subdivision). If the application is received after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications shall be received on the next working day.
When the service recipient sends an application through the "electronic government" web portal, the status of acceptance of the request for the provision of the state service shall be automatically displayed in the personal account, indicating the date and time of receipt of the result.
The National Bank shall receive from the relevant state information systems through the "electronic government" gateway information on identity documents of the head of the service recipient and on state registration (re-registration) of the legal entity.";
part seven of paragraph 8 of the Rules, providing that during the suspension period this part shall have the following wording:
"On the "electronic government" web portal, the result of the provision of the state service for accounting registration shall be sent to the service recipient to the personal account in the form of an electronic document certified by the electronic digital signature (hereinafter – EDS) of the authorized person.";
paragraph 9 of the Rules, providing that during the suspension period this part shall have the following wording:
"9. Information on the stage of provision of the state service for accounting registration shall be updated automatically in the information system for monitoring the provision of state services.";
paragraph 13 of the Rules, providing that during the suspension period this paragraph shall have the following wording:
"13. The National Bank shall maintain a dossier for each digital financial asset platform operator and digital asset trading platform operator that have undergone accounting registration with the National Bank, on paper or in electronic form.";
paragraph 28 of the Rules, providing that during the suspension period this paragraph shall have the following wording:
"28. A digital financial asset platform operator and a digital asset trading platform operator, in order to ensure the information security of their digital platforms:
1) performs identification, authentication and authorization of users;
2) carries out registration and storage of information security events;
3) organizes an information security event management system, coordinates and controls activities to ensure information security and measures to identify and analyze threats, counter attacks and investigate information security incidents on platforms;
4) ensures protection of information from unauthorized access, leakage, modification, destruction and blocking, including when transferred to the central securities depository;
5) carries out backup and restoration of information;
6) provides users of the digital financial asset platform with methodological support on the process of ensuring information security;
7) ensures compliance with the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection when processing personal data on the platform;
8) ensures secure execution of transactions;
9) selects, implements and applies methods, means and mechanisms for managing, ensuring and controlling information security;
10) collects, consolidates, stores and processes information on information security incidents;
11) analyzes information on information security incidents;
12) ensures the implementation, proper functioning of software and hardware tools automating the information security process, as well as provision of access to them;
13) organizes and conducts measures to raise awareness of employees of the digital financial asset platform operator and digital asset trading platform operator on information security issues;
14) monitors the state of the information security event management system of the digital financial asset platform operator and digital asset trading platform operator;
15) the responsible subdivision of the digital financial asset platform operator and digital asset trading platform operator periodically (but not less than once a year) informs the management of the digital financial asset platform operator and digital asset trading platform operator on the state of the information security event management system;
16) keeps up to date the schemes of the protection perimeter of the information and communication infrastructure and the list of administrators of its security means;
17) installs firewalls at the protection perimeter of the information and communication infrastructure;
18) ensures the security of user access to Internet resources from the protection perimeter of the information and communication infrastructure.
The digital financial asset platform operator shall provide to the National Bank the protocol (results) of testing the digital platform for compliance with information security requirements 10 (ten) working days before the start of issuance of the digital financial asset on the digital platform.
The digital asset trading platform operator shall provide to the National Bank the protocol (results) of testing the trading platform for compliance with information security requirements 10 (ten) working days before the start of trading with digital assets on the trading platform.";
subparagraph 6) of paragraph 32 of the Rules, providing that during the suspension period this subparagraph shall have the following wording:
"6) procedure for complying with information security measures;";
subparagraph 4) of paragraph 33 of the Rules, providing that during the suspension period this subparagraph shall have the following wording:
"4) procedure for complying with information security measures;";
part two of paragraph 36 of the Rules, providing that during the suspension period this subparagraph shall have the following wording:
"The digital financial asset platform operator shall connect to the Data Exchange Center for payment transactions with signs of fraud (hereinafter – the anti-fraud center) by establishing technical interaction with the information system of the anti-fraud center operator.";
part two of paragraph 57 of the Rules, providing that during the suspension period this subparagraph shall have the following wording:
"The digital asset trading platform operator shall connect to the anti-fraud center by establishing technical interaction with the information system of the anti-fraud center operator.";
line 2 of the List of main requirements for the provision of the state service "Inclusion in the register of digital financial asset platform operators, the register of digital asset trading platform operators that have undergone accounting registration with the National Bank of the Republic of Kazakhstan" of Appendix 2 to the Rules, providing that during the suspension period this line shall have the following wording:
| " | 2. | Methods of providing the state service | Web portal of "electronic government" www.egov.kz, www.elicense.kz (hereinafter – the portal), office of the service provider. | ". |
| Chairman | T.M. Suleimenov |
"AGREED"
Ministry of Artificial
Intelligence and Digital Development
of the Republic of Kazakhstan
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
"AGREED"
Agency of the Republic of Kazakhstan
for Regulation and Development of the
Financial Market
Approved
by resolution of the Board
of the National Bank
of the Republic of Kazakhstan
dated 10 April 2026 No. 37
Rules for the Activities of Operators
of the Digital Financial Asset Platform,
of the Digital Asset Trading Platform
Chapter 1. General Provisions
1. These Rules for the Activities of Digital Financial Asset Platform Operators, Digital Asset Trading Platform Operators (hereinafter – the Rules) have been developed in accordance with subparagraph 2) of part two of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan" (hereinafter – the Law on Digital Assets), subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State and Socially Responsible Services" and determine:
1. the procedure for accounting registration of digital financial asset platform operators and digital asset trading platform operators;
2. the list of documents and information submitted by a digital financial asset platform operator and a digital asset trading platform operator to the National Bank of the Republic of Kazakhstan (hereinafter – the National Bank) for undergoing accounting registration;
3. requirements for the organizational and legal form of a digital financial asset platform operator and a digital asset trading platform operator;
4. requirements for the minimum amount of the charter capital of a digital financial asset platform operator and a digital asset trading platform operator;
5. the procedure for certification and monitoring by the digital financial asset platform operator of the presence and condition (safekeeping) of the underlying asset of digital financial assets;
6. requirements for the internal rules of activity of digital financial asset platform operators and digital asset trading platform operators;
7. cybersecurity requirements applicable to digital platforms of a digital financial asset platform operator and a digital asset trading platform operator;
8. the procedure for reorganization of a digital financial asset platform operator and a digital asset trading platform operator;
9. qualification requirements, conditions and procedure for combining types of professional activity of a digital financial asset platform operator and a digital asset trading platform operator;
10. the procedure for transferring all data (information) accounted for and stored on digital platforms, including data (information) on issuers of digital financial assets, holders of digital financial assets and belonging to digital financial asset operators, digital asset trading platform operators, to another digital financial asset platform operator or digital asset trading platform operator.
2. The Rules use the concepts provided for by the Law on Digital Assets, as well as the following concepts:
1) outsourcing – transfer by a digital asset trading platform operator to third parties on the basis of a contract for the provision of paid services of the performance of certain functions necessary to ensure the provision of services by the digital asset trading platform operator (outsourcing contract);
2) information protection means – software, technical and other means intended and used to ensure the protection of information;
3) central securities depository – a specialized non-commercial joint-stock company carrying out the types of activities provided for by paragraph 2-1 of Article 45 of the Law of the Republic of Kazakhstan "On the Securities Market";
4) private access key – unique cryptographic information generated in a certain sequence and used for making electronic digital signatures when performing operations with digital assets, as well as for gaining access to a digital asset wallet;
5) mnemonic phrase – a unique sequence of words intended for restoring access to a digital asset wallet to all addresses created in the digital asset wallet;
6) client of a digital asset trading platform operator – individuals and legal entities performing operations with digital assets on the trading platform of the digital asset trading platform operator;
7) client of a digital financial asset platform operator – an issuer of digital financial assets, individuals and legal entities acquiring digital financial assets on the digital platform of the digital financial asset platform operator.
Chapter 2. Procedure for Accounting Registration of Digital Financial Asset Platform Operators, Digital Asset Trading Platform Operators
Paragraph 1. List of documents and information submitted by a digital financial asset platform operator and a digital asset trading platform operator to the National Bank for undergoing accounting registration
The application shall be accompanied by the documents and information provided for by paragraph 15 of Article 6 of the Law on Digital Assets.
In case of amendments to the documents provided for by subparagraphs 4) and 5) of paragraph 15 of Article 6 of the Law on Digital Assets, the digital financial asset platform operator and the digital asset trading platform operator shall notify the National Bank of such amendments within 10 (ten) working days from the moment of making the amendments and submit the documents in the new wording.
Paragraph 2. Procedure for providing the state service
"Inclusion in the register of digital financial asset platform operators, the register of digital asset trading platform operators that have undergone accounting registration
with the National Bank of the Republic of Kazakhstan"
(hereinafter – the state service for accounting registration)
The list of main requirements for the provision of the state service for accounting registration, including the characteristics of the process, the form, content and result of the provision of the state service, is established in Appendix 2 to the Rules.
An employee of the National Bank authorized to receive and register correspondence shall, on the day of receipt of the application, receive, register and forward it for execution to the subdivision responsible for providing the state service for accounting registration (hereinafter – the responsible subdivision). If the application is received after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications shall be received on the next working day.
When the service recipient sends an application through the "digital government" web portal, the status of acceptance of the request for the provision of the state service shall be automatically displayed in the personal account, indicating the date and time of receipt of the result.
The National Bank shall receive from the relevant state digital systems through the "digital government" gateway information on identity documents of the head of the service recipient and on state registration (re-registration) of the legal entity.
In case of establishing the fact of incompleteness of the submitted documents, the responsible subdivision shall, within 2 (two) working days from the day of registration of the application, prepare and send a written reasoned refusal for further consideration of the application.
If grounds are identified for refusal of passing accounting registration of digital financial asset platform operators and digital asset trading platform operators and inclusion in the register of digital financial asset platform operators and the register of digital asset trading platform operators, the National Bank shall send to the service recipient a preliminary decision on reasoned refusal with notification of the time and place of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
The preliminary decision shall be sent not less than 3 (three) working days before the expiration of the application consideration period.
A participant in the administrative procedure may provide or express an objection to the preliminary decision in the administrative case within a period not later than 2 (two) working days from the day of its receipt.
The National Bank, represented by the head of the responsible subdivision, shall coordinate and sign the notification or reasoned refusal within 2 (two) working days.
After coordination and signing by the head of the responsible subdivision of the notification or reasoned refusal, the employee of the responsible subdivision on the day of the decision shall include the service recipient in the register of digital financial asset platform operators or the register of digital asset trading platform operators (upon signing the notification), and send to the service recipient the result of the provision of the state service for accounting registration.
On the "digital government" web portal, the result of the provision of the state service for accounting registration shall be sent to the service recipient to the personal account in the form of an electronic document certified by the electronic digital signature (hereinafter – EDS) of the authorized person.
Paragraph 3. Maintenance of the register
The registers are maintained by the National Bank for the purposes of control in the field of digital assets and are posted on the official internet resource of the National Bank.
1) assigns to the digital financial asset platform operator a registration number and makes an entry in the register in the form according to Appendix 4 to the Rules;
2) sends in writing to the digital financial asset platform operator a notification indicating the registration number.
1) assigns to the digital asset trading platform operator a registration number and makes an entry in the register in the form according to Appendix 5 to the Rules;
2) sends in writing to the digital asset trading platform operator a notification indicating the registration number.
The National Bank shall maintain a dossier for each digital financial asset platform operator and digital asset trading platform operator that have undergone accounting registration with the National Bank, on paper or in digital form.
The National Bank shall exclude a digital financial asset platform operator or a digital asset trading platform operator from the registers on the grounds provided for by paragraph 5 of Article 7 of the Law on Digital Assets.
A digital financial asset platform operator or a digital asset trading platform operator shall, within 3 (three) working days from the day of entry into force of a court decision on termination of the activity of the digital financial asset platform operator or digital asset trading platform operator or adoption of a decision on voluntary termination of activity by reorganization (merger, consolidation, division, spin-off, transformation) or liquidation, send to the National Bank in free written form a notification with attached supporting documents.
A digital financial asset platform operator, upon liquidation, ensures the transfer to another digital financial asset platform operator that has undergone accounting registration with the National Bank of all information accounted for and stored on the digital platform, including information on transactions for the purchase and sale of digital financial assets in accordance with the business (contractual) relations defined by the Civil Code of the Republic of Kazakhstan, and this is formalized by a handover act recording the transfer of mnemonic phrases and private keys of access and control over digital financial asset wallets.
A digital asset trading platform operator, upon liquidation, ensures the transfer to another digital asset trading platform operator that has undergone accounting registration with the National Bank of all information accounted for and stored on the digital platform, including information on the history of transactions with digital assets in accordance with the business (contractual) relations defined by the Civil Code of the Republic of Kazakhstan, and this is formalized by a handover act recording the transfer of mnemonic phrases and private keys of access and control over digital asset wallets.
The National Bank, within 5 (five) working days from the day the National Bank excludes a digital financial asset platform operator or a digital asset trading platform operator from the registers, notifies in writing the digital financial asset platform operator or digital asset trading platform operator at their actual location or the address specified in the application, and publishes information on the exclusion of the digital financial asset platform operator or digital asset trading platform operator from the registers on the official internet resource of the National Bank.
A digital financial asset platform operator or digital asset trading platform operator, within 30 (thirty) calendar days from the day of receipt of the written notification from the National Bank on exclusion from the registers, carries out state re-registration of the legal entity due to a change of name in order to exclude from its name the words "digital financial asset platform operator" or "digital asset trading platform operator", or adopts a decision on liquidation.
Paragraph 4. Procedure for reorganization of a digital financial asset platform operator, digital asset trading platform operator
In the event of a decision on voluntary reorganization, the digital financial asset platform operator or digital asset trading platform operator notifies the National Bank thereof within 10 (ten) working days from the day of adoption of the decision.
The reorganizing digital financial asset platform operator or digital asset trading platform operator informs its clients of the reorganization being carried out by publishing a corresponding announcement in the mass media and on its internet resource.
The period for filing claims may not be less than 2 (two) months from the moment clients of the reorganizing digital financial asset platform operator or digital asset trading platform operator receive the notifications.
Accounting registration of a digital financial asset platform operator or digital asset trading platform operator formed as a result of reorganization is carried out in accordance with the requirements of the Law on Digital Assets and the Rules.
Exclusion from the registers of a reorganized digital financial asset platform operator or digital asset trading platform operator is carried out on the day of inclusion in the registers of the digital financial asset platform operator or digital asset trading platform operator formed as a result of reorganization.
Paragraph 5. Procedure for appealing decisions, actions (inaction) of the National Bank and (or) its officials on issues of provision of public services
The service recipient's complaint shall state its name, postal address, outgoing number and date of filing of the complaint.
The complaint is signed by the head of the service recipient.
Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the National Bank indicating the surname and initials of the person who accepted the complaint, the time and place of receipt of the response to the filed complaint.
The service recipient's complaint on issues of provision of public services received by the National Bank is considered within 5 (five) working days from the day of its registration.
In case of disagreement with the results of the provided public service, the service recipient files a complaint with the authorized body for assessment and control of the quality of provision of public services.
The service recipient's complaint received by the authorized body for assessment and control of the quality of provision of public services is considered within 15 (fifteen) working days from the day of its registration.
Chapter 3. Qualification requirements for digital financial asset platform operators, digital asset trading platform operators and other requirements for their activities
A digital financial asset platform operator or digital asset trading platform operator is created in the organizational-legal form of a joint-stock company or a limited liability partnership.
The minimum size of the charter capital of a digital financial asset platform operator or digital asset trading platform operator is:
1) for a digital financial asset platform operator – not less than 100,000,000 (one hundred million) tenge;
2) for a digital asset trading platform operator – not less than 200,000,000 (two hundred million) tenge;
3) when combining the activity of a digital asset trading platform operator with the activity of a digital financial asset platform operator – not less than 250,000,000 (two hundred fifty million) tenge.
Requirements for the managerial employee, founders and participants (shareholders) of a digital financial asset platform operator or digital asset trading platform operator are established in paragraphs 11, 12 and 13 of Article 6 of the Law on Digital Assets.
A digital asset platform operator or digital asset trading platform operator is prohibited from providing services to individuals who have not reached the age of eighteen.
A digital financial asset platform operator or digital asset trading platform operator, in order to ensure the cybersecurity of its digital platforms:
1) conducts identification, authentication and authorization of users;
2) carries out registration and storage of cybersecurity events;
3) organizes a cybersecurity event management system, carries out coordination and control of activities to ensure cybersecurity and measures to identify and analyze threats, counter attacks and investigate cybersecurity incidents on the platforms;
4) ensures protection of information from unauthorized access, leakage, modification, destruction and blocking, including when transferred to the central securities depository;
5) carries out backup and restoration of information;
6) provides users of the digital financial asset platform with methodological support on the cybersecurity process;
7) ensures compliance with the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection when processing personal data on the platform;
8) ensures the secure execution of transactions;
9) carries out the selection, implementation and application of methods, means and mechanisms for management, provision and control of cybersecurity;
10) carries out collection, consolidation, storage and processing of information on cybersecurity incidents;
11) carries out analysis of information on cybersecurity incidents;
12) ensures the implementation and proper functioning of software and hardware tools automating the cybersecurity process, as well as provision of access to them;
13) organizes and conducts measures to ensure awareness of employees of the digital financial asset platform operator or digital asset trading platform operator on cybersecurity issues;
14) carries out monitoring of the state of the cybersecurity event management system of the digital financial asset platform operator or digital asset trading platform operator;
15) the responsible subdivision of the digital financial asset platform operator or digital asset trading platform operator periodically (but not less than once a year) informs the management of the digital financial asset platform operator or digital asset trading platform operator on the state of the cybersecurity event management system;
16) maintains in an up-to-date state the schemes of the protection perimeter of the digital infrastructure and the list of administrators of its security means;
17) installs firewalls at the protection perimeter of the digital infrastructure;
18) ensures the security of user access to Internet network resources from the protection perimeter of the digital infrastructure.
The digital financial asset platform operator provides to the National Bank the protocol (results) of testing the digital object for compliance with cybersecurity requirements 10 (ten) working days before the start of issuance of the digital financial asset on the digital platform.
The digital asset trading platform operator provides to the National Bank the protocol (results) of testing the digital object for compliance with cybersecurity requirements 10 (ten) working days before the start of trading with digital assets on the trading platform.
A digital financial asset platform operator or digital asset trading platform operator ensures the presence of a risk management and internal control system in accordance with subparagraph 10) of part two of paragraph 1 of Article 4 of the Law on Digital Assets.
The digital financial asset platform operator ensures the up-to-date state of information contained in the system of accounting of holders of digital financial assets in online mode.
The information contained in the system of accounting of holders of digital financial assets must be sufficient for the digital financial asset platform operator to transfer all necessary information to the central depository for the purpose of maintaining the system of registers of holders of digital financial assets.
The internal rules of the digital financial asset platform operator include, but are not limited to:
1) description of services provided to clients;
2) procedure and description of procedures for issuance of digital financial assets, including requirements imposed on the issuer of digital financial assets, and the procedure for verifying compliance of the underlying asset of the digital financial asset (if any) with the conditions of issuance of the digital financial asset;
3) procedure for purchase and sale of digital financial assets on the digital platform of the digital financial asset platform operator, as well as the procedure and terms for completion of settlements on transactions with digital financial assets;
4) requirements and conditions for redemption of the digital financial asset, procedure for verifying fulfillment of obligations of the issuer of the digital financial asset to holders of the digital financial asset;
5) procedure for interaction with the digital asset trading platform operator, including conditions for placement of digital financial assets by the issuer of digital financial assets on the digital platform of the digital asset trading platform operator;
6) procedure for compliance with cybersecurity measures;
7) procedure for dispute resolution and consideration of client complaints;
8) procedure and conditions for opening and maintaining digital financial asset wallets;
9) addresses of digital asset wallets used for carrying out activities;
10) business plan of the digital financial asset platform operator or digital asset trading platform operator for the first 3 (three) financial (operational) years.
1) description of services provided to clients;
2) procedure for purchase, sale and exchange of digital assets on the digital platform of the digital asset trading platform operator, as well as the procedure and terms for completion of settlements on transactions with digital assets;
3) requirements and conditions for redemption of the digital asset, procedure for verifying fulfillment of obligations of the issuer of the digital financial asset to holders of the digital financial asset;
4) procedure for compliance with cybersecurity measures;
5) procedure and conditions for opening and maintaining digital asset wallets;
6) procedures for identification and verification of the client;
7) addresses of digital asset wallets used for carrying out activities;
8) list of unsecured digital assets permitted for circulation, and criteria for their selection;
9) limits and restrictions applied to transactions with unsecured digital assets depending on the client's qualification;
10) procedure and mechanism for determining the client's qualification for carrying out transactions with digital assets;
11) business plan of the digital financial asset platform operator or digital asset trading platform operator for the first 3 (three) financial (operational) years.
Chapter 4. Procedure for carrying out the activities of a digital financial asset platform operator
1) organization of issuance of the digital financial asset on the digital platform;
2) maintenance of the system of accounting of holders of digital financial assets, ensuring reliable and up-to-date accounting of issued digital financial assets and compliance of the underlying asset with the volume of issuance of digital financial assets (if any) according to the conditions of issuance;
3) ensuring confidential storage of information on issuers of digital financial assets;
4) carrying out transactions for purchase, sale and exchange of digital financial assets on the digital platform;
5) ensuring functioning and technical support of the digital platform;
6) storage of digital financial assets by opening and maintaining digital asset wallets.
The function of opening and maintaining digital asset wallets may be transferred to other digital asset service providers that have a license from the National Bank or have undergone accounting registration with the National Bank.
The procedure and accounting for maintaining digital asset wallets is established by the internal documents of the digital asset trading platform operator.
1) procedure for opening bank accounts in national and (or) foreign currency in banks and (or) with the National Post Operator for servicing operations of their clients;
2) conditions for storage of funds of clients and of the digital financial asset platform operator or digital asset trading platform operator;
3) conditions for servicing by the bank and (or) the National Post Operator of operations on transactions with digital assets.
The digital financial asset platform operator connects to the Center for Exchange of Data on Payment Transactions with Signs of Fraud (hereinafter – anti-fraud center) by establishing technical interaction with the digital system of the anti-fraud center operator.
The digital financial asset platform operator, without fail, before executing an operation, reconciles the identification data of the sender and recipient with the databases of the anti-fraud center.
The digital financial asset platform operator does not disclose to clients the mnemonic phrases and private keys of digital asset wallets and bears responsibility to clients for their safekeeping.
Access to the client's personal account (in case of provision of such service) is carried out using a login and password, which may be changed or restored (if lost) upon the client's request and after confirmation of his identity by the digital financial asset platform operator.
The consent of the issuer of the digital financial asset specified in part one of this paragraph may be obtained by the digital financial asset platform operator when establishing business relations with the issuer of the digital financial asset.
If a discrepancy is identified between the value of the underlying asset and the volume of issuance of digital financial assets, the digital financial asset platform operator does not register the issuance of digital financial assets until the issuer of the digital financial asset eliminates the identified discrepancies.
The digital financial asset platform operator carries out daily monitoring of the presence and state (safekeeping) of the underlying asset of the digital financial asset (if any), as well as its compliance with the volume of issuance of digital financial assets.
If a discrepancy is identified between the value of the balances of the underlying asset and the actual volume of issuance of digital financial assets in the ratio provided by the requirements of the legislation of the Republic of Kazakhstan and (or) the conditions of issuance of digital financial assets, the digital financial asset platform operator:
1) immediately notifies the National Bank and the organization for storage of the underlying asset of the digital financial asset;
2) does not allow registration of a new issuance of digital financial assets until the issuer of the digital financial asset brings the value of the underlying asset into compliance with the volume of issuance of digital financial assets.
Upon redemption of digital financial assets, the digital financial asset platform operator ensures control over the fulfillment by the issuer of the digital financial asset of its obligations to holders of the digital financial asset.
The digital financial asset platform operator is prohibited from using the underlying asset of the digital financial asset for its own purposes, for obtaining loans, as collateral or other security for its obligations.
Registration of the issuance of digital financial assets is carried out by the digital financial asset platform operator and includes consideration of documents submitted by the issuer for compliance with the legislation of the Republic of Kazakhstan.
The digital financial asset platform operator, within the framework of registration of the issuance of digital financial assets, assigns a unique registration number to each issuance. The procedure for assigning a unique registration number to the issuance of digital financial assets is determined by the internal documents of the digital financial asset platform operator.
The unique registration number of the digital financial asset begins with the registration number assigned to the digital financial asset platform operator by the National Bank and contains no more than fifty characters, including symbols, letters or numbers.
1) provision to the issuer of digital financial assets of access to its digital financial asset platform, provided the issuer of digital financial assets complies with the requirements of the legislation of the Republic of Kazakhstan when issuing digital financial assets;
2) issuance of digital financial assets by placing a record on the digital platform of the digital financial asset platform operator.
Registration of the issuance of digital financial assets is carried out after the digital financial asset platform operator is satisfied of the presence of the underlying asset of the digital financial asset.
The digital financial asset platform operator maintains accounting of holders of digital financial assets and accounting of the transfer of ownership rights to digital financial assets based on the results of completed transactions, with reflection of such information in the system of accounting of holders of digital financial assets.
The digital financial asset platform operator takes all necessary measures to ensure the completion of settlements on the day of the transaction, unless another period is provided in the agreement concluded with the client.
The digital financial asset platform operator carries out clients' operations subject to preliminary depositing by the client of funds in a bank account or digital asset wallet of the digital financial asset platform operator in compliance with the "delivery versus payment" principle, ensuring simultaneous fulfillment of obligations by all parties to the transaction.
In the case of exchange of a digital financial asset of one type for another type, the digital financial asset platform operator carries out clients' operations subject to preliminary depositing by the client of digital financial assets in the digital asset wallet in compliance with the "delivery versus delivery" principle, ensuring simultaneous fulfillment of obligations by all parties to the transaction.
Organization of placement of digital financial assets issued on the digital platform of the digital financial asset platform operator on the digital platform of the digital asset trading platform operator is carried out on the basis of an application of the issuer of the digital financial asset in accordance with the internal rules of the digital financial asset platform operator.
Organization of placement of digital financial assets on the digital platform of the digital asset trading platform operator includes the following:
1) the digital financial asset platform operator conducts a check for the presence of encumbrances or other restrictions on the transferred digital financial assets;
2) the digital financial asset platform operator carries out blocking of digital financial assets in the amount specified in the application of the issuer of the digital financial asset;
3) the digital financial asset platform operator sends a notification to the digital asset trading platform operator on readiness for placement of digital financial assets;
4) the digital asset trading platform operator, upon receipt of a notification from the digital financial asset platform operator of readiness to place digital financial assets, shall, no later than 3 (three) working days, send to the digital financial asset platform operator a confirmation of readiness to accept the digital financial assets or a reasoned refusal indicating objective reasons preventing the acceptance of the assets and (or) conditions contradicting its internal rules;
5) the digital financial asset platform operator, upon receipt of a notification of readiness to accept digital financial assets, shall cancel the digital financial assets in order to exclude repeated use or sale of the digital financial assets;
6) the digital asset trading platform operator shall ensure the issuance of an equivalent volume of the digital financial asset on the basis of an application of the issuer of the digital financial asset on its own digital platform.
The technical implementation of the placement of digital financial assets by the digital financial asset platform operator and the digital asset trading platform operator shall be carried out by cancelling and issuing equivalent digital financial assets ensuring the invariability of the total volume of the issue of the digital financial asset.
The procedure and forms of information exchange between the digital financial asset platform operator and the digital asset trading platform operator shall be determined by an interaction agreement.
Combination of the activity of a digital financial asset platform operator with the activity of a digital asset trading platform operator shall be permitted.
Combination of types of professional activity in the sphere of digital assets shall be permitted subject to compliance with the requirements imposed on the respective types of professional activity in the sphere of digital assets.
A digital financial asset platform operator combining activity with a digital asset trading platform operator shall ensure separate storage of its own funds and clients' funds in separate bank accounts and digital asset wallets for each type of professional activity.
A digital financial asset platform operator shall notify clients of the combination of its activity with the activity of a digital asset trading platform operator before the start of the provision of services.
Chapter 5. Procedure for carrying out the activity
of a digital asset trading platform operator
1) operation and technical maintenance of the digital asset trading platform;
2) organization and conduct of trading with digital financial assets and unsecured digital assets;
3) monitoring and analysis of transactions with digital financial assets and unsecured digital assets concluded on the digital asset trading platform;
4) organization and carrying out of settlements on transactions with digital financial assets and unsecured digital assets, preparation of information necessary for carrying out such settlements;
5) opening and maintaining digital asset wallets.
The function of opening and maintaining digital asset wallets may be transferred to other digital asset service providers holding a licence of the National Bank or having undergone registration with the National Bank.
The procedure and accounting for maintaining digital asset wallets shall be established by the internal documents of the digital asset trading platform operator.
1) opening of bank accounts in national and (or) foreign currency with banks and (or) the National Post Operator for servicing the operations of its clients;
2) conditions for the storage of funds of clients and of the digital financial asset platform operator and the digital asset trading platform operator;
3) conditions for servicing by the bank and (or) the National Post Operator of operations on transactions with digital assets being carried out.
A digital asset trading platform operator shall connect to the anti-fraud centre by establishing technical interaction with the digital system of the anti-fraud centre operator.
A digital asset trading platform operator shall, without fail, before executing an operation, verify the identification data of the sender and the recipient against the databases of the anti-fraud centre.
A digital asset trading platform operator shall not disclose to clients the mnemonic phrases and private keys of digital asset wallets and shall be liable to clients for their safekeeping.
A digital asset trading platform operator shall engage an external contractor (experts) on outsourcing for the performance of individual functions and (or) implementation of business processes related to the opening and (or) maintenance of a digital asset wallet.
The engagement of an external contractor (experts) provided for by part three of this paragraph shall be permitted subject to the digital asset trading platform operator ensuring compliance with the requirements of the Law on Digital Assets and these Rules on the procedure for opening and maintaining digital asset wallets.
Access to the client's personal account (in the case of provision of such a service) shall be carried out using a login and password, which may be changed or restored (if lost) upon the client's request and after confirmation of his identity by the digital asset trading platform operator.
The period of temporary suspension of activity of a digital asset trading platform operator may not exceed 6 (six) consecutive months.
A digital asset trading platform operator shall carry out the following functions:
1) admission of participants to trading and verification of their compliance with qualification requirements;
2) ensuring the uninterrupted functioning of the digital asset trading platform;
3) monitoring and control over the operations being carried out with digital financial assets and unsecured digital assets.
A digital asset trading platform operator shall take all necessary measures to ensure the completeness of settlements on the day of the operation, unless another period is provided for in the agreement concluded with the client.
A digital asset trading platform operator shall carry out clients' operations subject to the client's preliminary depositing of funds in a bank account and (or) digital asset wallet of the digital financial asset platform operator in compliance with the "delivery versus payment" principle ensuring simultaneous performance of obligations by all parties to the transaction.
In the case of exchange of a digital financial asset of one type for another type, the digital financial asset platform operator shall carry out clients' operations subject to the client's preliminary depositing of digital financial assets in a digital asset wallet in compliance with the "delivery versus delivery" principle ensuring simultaneous performance of obligations by all parties to the transaction.
Funds of clients and of the digital asset trading platform operator shall be stored in separate bank accounts and digital asset wallets.
1) termination of the activity of the issuer of digital financial assets as a result of reorganization or liquidation, or the issuer of digital financial assets being in the process of forced liquidation;
2) recognition by a court of the issuer of digital financial assets as bankrupt;
3) arrest of the property of the issuer of digital financial assets in an amount exceeding 50 % (fifty percent) of the assets of that issuer of digital financial assets;
4) other cases provided for by the internal documents of the digital asset trading platform operator.
Annex 1
to the Rules for carrying out the activity of digital financial asset platform operators and digital asset trading platform operators
Form
National Bank
of the Republic of Kazakhstan
Application
(name and business identification number of the digital financial asset platform operator/digital asset trading platform operator)
requests registration of the digital financial asset platform operator/digital asset trading platform operator and inclusion of the digital financial asset platform operator/digital asset trading platform operator in the register of digital financial asset platform operators/ in the register of digital asset trading platform operators.
(postal code, city (region), district, street, house (office) number)
(telephone, e-mail address, internet resource (if any))
(name of document, number and date of issue, by whom issued)
1) ______;
2) ______;
3) ______;
4) ______;
5) ______;
6) ______
General information:
| Surname, name, patronymic (if any) | ______ (in accordance with the identity document, in the case of a change of surname, name, patronymic – indicate when and for what reason the changes occurred) |
| Individual identification number | |
| Data of the identity document | (name of document, number, series (if any) and date of issue, by whom issued) |
| Place of residence | (place of residence, including home and office telephone numbers, as well as e-mail address) |
| Citizenship |
Full list of places of work and positions
| No. | Period of work (month/year) | Name of organization, positions held | Job duties |
| 1. | |||
Other information:
| Presence of an unexpunged or unspent criminal record | Yes/no (if yes, indicate the details of the court verdict, the article of the Criminal Code of the Republic of Kazakhstan) |
| If previously was a head, member of a management body, head, member of an executive body, chief accountant of a financial organization, during a period of not more than one year before the adoption of a decision on the conservation of the financial organization or forced buyout of its shares, deprivation of the licence of the financial organization, entailing its liquidation and (or) termination of activity on the financial market, or the entry into force of a court decision on forced liquidation of the financial organization or recognition of it as bankrupt in the procedure determined by the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" | Yes/no (if yes, the name of the organization, position, details of the decision on the conservation of the financial organization or forced buyout of its shares, deprivation of the licence of the financial organization, entailing its liquidation and (or) termination of activity on the financial market, or the court decision that has entered into force on forced liquidation of the financial organization or recognition of it as bankrupt in the procedure determined by the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" shall be indicated) |
| Other information (if any) |
I confirm that the attached information has been verified by me and is reliable and complete.
I consent to the use of information constituting a secret protected by law.
First head of the digital financial asset platform operator/digital asset trading platform operator or person authorized to sign.
surname, name, patronymic (if any) signature
Annex 2
to the Rules for carrying out the activity of digital financial asset platform operators and digital asset trading platform operators
Form
List of main requirements for the provision of the state service
"Inclusion in the register of digital financial asset platform operators, the register of digital asset trading platform operators that have undergone registration with the National Bank of the Republic of Kazakhstan"
| 1. | Name of the service provider | National Bank of the Republic of Kazakhstan |
| 2. | Methods of provision of the state service | Web portal of the "digital government" www.egov.kz, www.elicense.kz (hereinafter – the portal), office of the service provider. |
| 3. | Term for provision of the state service | Within twenty working days from the day of registration of the application and the complete list of documents. |
| 4. | Form of provision of the state service | Electronic (partially automated) and paper. |
| 5. | Result of provision of the state service | Notification of passing the registration for the granting of permission (right) to provide to the digital financial asset platform operator, digital asset trading platform operator the services established by the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan" (hereinafter – the Law) or a reasoned refusal. Form of the result of provision of the state service: electronic/paper |
| 6. | Amount of the fee charged from the service recipient for the provision of the state service, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan | The service is provided free of charge. |
| 7. | Working schedule of the service provider, the State Corporation and information objects | 1) of the service provider – from Monday to Friday from 9.00 to 18.30 with a lunch break from 13.00 to 14.30, except weekends and holidays, in accordance with the labour legislation of the Republic of Kazakhstan. Schedule for acceptance of documents and issuance of results of provision of the state service – from Monday to Friday from 9.00 to 17.30 with a lunch break from 13.00 to 14.30; 2) of the portal – around the clock, except for technical breaks in connection with repair work (if the service recipient applies after the end of working hours, on weekends and holidays, in accordance with the labour legislation of the Republic of Kazakhstan, acceptance of applications and issuance of results of provision of the state service shall be carried out on the next working day). |
| 8. | List of documents necessary for the provision of the state service | 1) application in the form according to Annex 1 to the Rules for carrying out the activity of digital financial asset platform operators and digital asset trading platform operators; 2) document confirming payment of the charter capital; 3) charter, except in cases where the digital financial asset platform operator or digital asset trading platform operator carries out activity under a model charter; 4) document determining the procedure for interaction of the digital financial asset platform operator with the digital asset trading platform operator, a bank and (or) the National Post Operator; 5) internal rules for carrying out the activity of the digital financial asset platform operator or digital asset trading platform operator approved by the management body of the applicant; 6) document confirming the authority of the person to submit the application and the documents and information attached thereto. |
| 9. | Grounds for refusal to provide the state service established by the laws of the Republic of Kazakhstan | 1) unreliability and (or) incompleteness of the data and (or) information in the documents submitted for passing the registration; 2) submission of an incomplete package of documents or non-compliance of the documents with the requirements of the Law and the regulatory legal act of the National Bank of the Republic of Kazakhstan; 3) non-compliance of the founder, participant (shareholder) of the digital financial asset platform operator or digital asset trading platform operator with the requirements established by paragraphs 11 and 12 of article 6 of the Law; 4) non-compliance of the managerial employees with the requirements established by paragraph 13 of article 6 of the Law; 5) non-compliance with the requirements established by paragraph 14 of article 6 of the Law; 6) presence of an unexpunged or unspent criminal record of the beneficial owner. In the case of refusal of registration, the legal entity shall re-submit an application for registration upon elimination of the reasons that led to the refusal of registration of the digital financial asset platform operator or digital asset trading platform operator, or shall adopt a decision to change its name or to reorganize or liquidate. Failure to eliminate the reasons that led to the refusal of registration of the digital financial asset platform operator or digital asset trading platform operator shall be a ground for refusal of re-consideration. |
| 10. | Other requirements taking into account the specifics of the provision of the state service, including that provided in electronic form and through the State Corporation | Addresses of places of provision of the state service are posted on the portal and on the official internet resource of the service provider: www.nationalbank.kz, section "State Services". The service recipient has access to obtain information on the procedure and status of the provision of the state service in remote access mode through the Unified Contact Centre on issues of provision of state services. Contact telephone numbers of the reference services on issues of provision of the state service are posted on the official internet resource of the service provider: www.nationalbank.kz, section "State Services". Unified Contact Centre on issues of provision of state services: 8-800-080-7777, 1414 |
Annex 3
to the Rules for carrying out the activity of digital financial asset platform operators and digital asset trading platform operators
Form
| NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN | NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN | |
| 010000, Astana city, Mangilik El avenue, 64, tel.: + 7 (7172) 77-55-77, E-mail: hq@nationalbank.kz | 010000, Astana city, Mangilik El avenue, 64, tel.: + 7 (7172) 77-55-77, E-mail: hq@nationalbank.kz | |
| No. ______ |
The National Bank of the Republic of Kazakhstan, based on the results of consideration of the application ______ name of the service recipient
and the attached documents in accordance with paragraph 17 of article 6 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", notifies of the passing
name of the service recipient
of registration as a digital financial asset platform operator/digital asset trading platform operator, assignment of registration number No. ______ and entry in the register of digital financial asset platform operators, the register of digital asset trading platform operators.
In accordance with subparagraphs 5-1), 5-3) of article 1 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", the digital financial asset platform operator/digital asset trading platform operator
name of the service recipient
provides the following services:
______;
______;
[Position of the signatory] [Full name of the signatory]
Annex 4
to the Rules for carrying out the activity of digital financial asset platform operators and digital asset trading platform operators
Form
Register of digital financial asset platform operators
| No. | Date of registration of the digital financial asset platform operator | Registration number of the digital financial asset platform operator | Name of the digital financial asset platform operator | Surname and initials of the head | Business identification number of the digital financial asset platform operator | Location of the digital financial asset platform operator, telephone, e-mail address, internet resource (if any) | Notes |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Annex 5
to the Rules for carrying out the activity of digital financial asset platform operators and digital asset trading platform operators
Form
Register of digital asset trading platform operators
| No. | Date of registration of the digital asset trading platform operator | Registration number of the digital asset trading platform operator | Name of the digital asset trading platform operator | Surname and initials of the head | Business identification number of the digital asset trading platform operator | Location of the digital asset trading platform operator, telephone, e-mail address, internet resource (if any) | Notes |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 9 |
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