Article 15. Collegial management body of a self-regulating organization The Law on Self-Regulation

Home / RLA / Article 15. Collegial management body of a self-regulating organization The Law on Self-Regulation

1. The collegial governing body of a self-regulating organization is formed from among individuals who are members (participants) of the self-regulating organization and (or) representatives of legal entities who are members (participants) of the self-regulating organization.

The collegial governing body of a self-regulating organization may include independent members in cases stipulated by the laws of the Republic of Kazakhstan or the charter of the self-regulating organization.

An independent member is a person who is not associated with membership (participation) in a self-regulating organization and labor relations with the self-regulating organization, its members (participants).

2. A member of the collegial governing body of a self-regulating organization must declare in writing a conflict of interest in self-regulation.

3. If a member of the collegial governing body of a self-regulating organization violates the obligation to declare a conflict of interest in self-regulation and the possibility of harming the legitimate interests of self-regulatory entities in this regard, the general meeting of members (participants) of the self-regulating organization decides on the early termination of the powers of this member.

4. Each member of the collegial governing body of a self-regulatory organization has one vote when voting.

5. The quantitative composition of the collegial governing body of a self-regulating organization, the procedure and conditions for its formation, operation, decision-making, and termination of powers are established by the charter of the self-regulating organization.

6. The following issues are within the competence of the collegial governing body of a self-regulating organization:

1) excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (effective ten calendar days after the date of its first official publication).

2) creation of specialized bodies of a self-regulatory organization, approval of regulations on them and rules for their activities;

3) making decisions on conducting inspections of the activities of the executive management body of a self-regulating organization;

4) submission to the general meeting of members (participants) of a self-regulating organization of a candidate or candidates for appointment to the position of the executive governing body of the self-regulating organization and their dismissal from office;

5) approval of the list of persons whose candidacies may be proposed as arbitrators for their selection by participants in disputes considered on their applications in arbitration formed by a self-regulatory organization;

6) making a decision on joining (participating in) a self-regulating organization or exclusion from membership (participating in) a self-regulating organization on the grounds provided for by the laws of the Republic of Kazakhstan or the charter of the self-regulating organization;

7) other issues stipulated by the charter of the self-regulatory organization.

Issues provided for in subparagraph 2) the first part of this paragraph, the charter of a self-regulating organization may be attributed to the competence of the general meeting of members (participants) of a self-regulating organization.

The Law of the Republic of Kazakhstan dated November 12, 2015 No. 390-V SAM.

This Law regulates public relations related to the self-regulation of business and professional entities in the Republic of Kazakhstan, defines the conditions for the establishment and functioning of self-regulatory organizations, membership (participation) in them and their legal status.

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