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Issuance of a license for dealer activity in the digital asset market - exchange operations with unsecured digital assets

Как получить услугу
Online
Legal entities

You can obtain a service via the Portal:

  1. Click “Order Online” button, then a new window will open of e-Licensing Portal

  2. Sign in or log in on e-Licensing Portal

  3. Click “Order Service Online” button on e-Licensing Portal page

  4. Fill in the fields of request

  5. Sign a request with digital signature

  6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Service provider
Legal entities

Documents required for submission to service provider:

To obtain a license:

  1. Application.

  2. Documents confirming the payment of authorized capital.

  3. Charter, except in cases where the uncovered digital asset exchange operator operates under a standard charter.

  4. A document defining the procedure for interaction between the uncovered digital asset exchange operator with a bank or the National Postal Operator, with a digital asset exchange, or other entities that provide access to digital assets.

  5.  Rules for the operation of uncovered digital asset exchange operator approved by the governing body of the uncovered digital asset exchange operator.

  6. A document confirming the authority of the person to submit an application and documents and information attached thereto.

Результат оказания услуги

A notice of the license issuance with the license attached, or a grounded rejection to provide the public service

Часто задаваемые вопросы
The grounds for rejection to provide the public service established by the laws of the Republic of Kazakhstan

1) the inaccuracy and/or incompleteness of the data and/or information in the documents submitted to obtain a license for uncovered digital asset exchange operations;

2) the submission of an incomplete set of documents or non-compliance of the documents with the requirements of this Law and Regulatory legal act of the National Bank of the Republic of Kazakhstan;

3) the failure of the executive body chief of the uncovered digital asset exchange operator to comply with the established requirements;

4) The beneficial owner has an unexpunged or unspent criminal record. If the license issue is rejected, the legal entity shall resubmit the license application upon the causes addressed that led to the rejection of the uncovered digital asset exchange operator license, or he decides to change its name, reorganize, or liquidate. The failure to rectify the causes that led to the rejection of the issue of the unsecured digital asset exchange operator license is deemed as the ground for rejection of any further consideration.

Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Полное название
Issuance of a license for dealer activity in the digital asset market - exchange operations with unsecured digital assets
Получатели услуги
Legal entities
Legal entities
Стоимость услуги

The license fee for issuing a license is 30 (thirty) monthly calculation indices.
The license fee payment is done in cash or by bank transfer through second-tier banks, branches of non-resident banks, or organizations that carry out certain banking operations types. The payment by bank transfer is done through the e-government payment gateway.

Срок оказания услуги

Within twenty working days from the date of registration of an application and complete package of documents.

Услугу оказывает
National Bank of the Republic of Kazakhstan
Место предоставления услуги
National bank of the Republic of Kazakhstan
Portal of electronic licensing
Digital Government Portal

Rules for providing state service

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