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Inclusion in the register of operators of the digital asset trading platform that have been accounted for in the national bank of the republic of kazakhstan

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:

Application.
A document confirming payment of the charter capital.
The Charter, except where the operator of the digital financial assets platform or the operator of the digital asset trading platform operates under a standard charter.
A document defining the procedure for interaction between the operator of the digital financial assets platform, the operator of the digital asset trading platform, the bank and/or the National Postal Operator.
Internal rules governing the activities of the operator of the digital financial assets platform and the operator of the digital asset trading platform, approved by the applicant’s governing body.
A document confirming the authority of the person to submit the application and the documents and information attached thereto.

Результат оказания услуги

Notification of completion of registration for the issuance of a permit (authorization) to provide services to the operator of a digital asset trading platform, or a reasoned refusal.

Часто задаваемые вопросы

What should be done when obtaining a refusal?

1) unreliability and/or incompleteness of the information and/or data contained in the documents submitted for registration;

2) submission of an incomplete set 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 operator of the digital financial assets platform or the operator of the digital asset trading platform with the requirements established by paragraphs 11 and 12 of Article 6 of the Law;

4) non-compliance of executive officers with the requirements established by paragraph 13 of Article 6 of the Law;

5) failure to comply with the requirements established by paragraph 14 of Article 6 of the Law;

6) the beneficial owner having an outstanding or unexpunged criminal record.

In the event of refusal of registration, the legal entity shall re-submit an application for registration upon elimination of the grounds that resulted in the refusal to register the operator of the digital financial assets platform or the operator of the digital asset trading platform, or shall decide to change its name or to reorganize or liquidate the legal entity.

Failure to eliminate the grounds that resulted in the refusal to register the operator of the digital financial assets platform or the operator of the digital asset trading platform shall constitute grounds for refusal to consider the application upon its re-submission.

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.

Receipt, registration, withdrawal and revoke of an appeal

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

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.
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.
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.

Timeframe of administrative procedure that is under institution on the basis of an appeal

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).

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.

Complaints procedure

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.

Deadline for filing a complaint

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).
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.
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

Inclusion in the register of operators of the digital asset trading platform that have been accounted for in the national bank of the republic of kazakhstan

Получатели услуги

Legal entities

Стоимость услуги

Free

Срок оказания услуги

Within 20 working days

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