To undergo the registration process, an applicant intending to operate as an operator of the digital financial assets platform submits the following documents and information to the National Bank of the Republic of Kazakhstan through the chancery of the National Bank:
1) An application in the form prescribed by the National Bank of the Republic of Kazakhstan, including information on the head (members) of the executive body (with attached copies of diplomas and documents confirming the employee's work history in accordance with the Labor Code of the Republic of Kazakhstan);
2) a document confirming the payment of the charter capital, the minimum amount of which is established by the National Bank of the Republic of Kazakhstan;
3) articles of association, except in cases where the applicant carries out activities under the standard Articles of association;
4) a document defining the procedure for interaction between the digital financial asset platform operator and the digital asset trading platform operator, a bank, and/or the National postal operator;
5) internal operating rules of the digital financial asset platform operator, approved by the applicant's governing body;
6) a document confirming the authority of the person to submit the application and the accompanying documents and information.
The National Bank shall make a decision on the accounting registration of the digital financial asset platform operator within 20 (twenty) working days from the date of submission of a complete package of documents.
Requirements:
1. A digital financial asset platform operator shall be established in the legal organizational form of a joint-stock company or a limited liability partnership.
2. The minimum charter capital for a digital financial asset platform operator shall be at least 100 000 000 (one hundred million) tenge.
3. Requirements for the executive officers, founders, and participants (shareholders) of a digital financial asset platform operator are established in paragraphs 11, 12, and 13 of Article 6 of the Law of the Republic of Kazakhstan «On digital assets in the Republic of Kazakhstan».
4. The internal rules of a digital financial asset platform operator shall include, but are not limited to:
1) a description of services provided to clients;
2) the procedure and description of digital financial asset issuance processes, including requirements for the issuer and the procedure for verifying that the underlying collateral (if any) meets the issuance terms;
3) the procedure for purchasing and selling digital financial assets on the operator's digital platform, as well as the procedure and timelines for completing settlements on transactions with digital financial assets;
4) requirements and conditions for the redemption of digital financial assets, and the procedure for verifying the fulfillment of the issuer's obligations to asset holders;
5) the procedure for interaction with the digital asset trading platform operator, including terms for the placement of digital financial assets by the issuer on the trading platform;
6) cybersecurity compliance procedures;
7) dispute resolution and client complaint handling procedures;
8) terms and conditions for opening and maintaining digital financial asset wallets;
9) addresses of the digital asset wallets used for business operations;
10) a business plan of the digital financial asset platform operator for the first 3 (three) financial (operational) years.
5. A digital financial asset platform operator shall submit to the National Bank the protocol (results) of the digital object testing for compliance with cybersecurity requirements at least 10 (ten) working days prior to the commencement of the digital financial asset issuance on the digital platform.
