Article 262. Violation of the requirements established by the legislation of the Republic of Kazakhstan on the securities market and on joint-stock companies of the Code of Administrative Offences of the Republic of Kazakhstan
1. Failure by a securities market entity to comply with the procedure and (or) conditions established by the Law of the Republic of Kazakhstan "On Joint Stock Companies" when making a major transaction and (or) a related party transaction, –
entails a fine for small businesses or non–profit organizations in the amount of two hundred, for medium–sized businesses - in the amount of three hundred, for large businesses - in the amount of four hundred monthly calculation indices.
2. The commission by a professional participant of the securities market within the framework of his professional activity in the securities market of a transaction with financial instruments, the terms of which contradict the legislation of the Republic of Kazakhstan on the securities market, and (or) a transaction in respect of which the legislation of the Republic of Kazakhstan on the securities market provides grounds for refusal to commit it, –
entails a fine for medium–sized businesses in the amount of three hundred, for large businesses - in the amount of four hundred monthly calculation indices.
3. Broker and/or dealer making a transaction without a client's order at the time of its completion –
entails a fine for medium–sized businesses in the amount of three hundred, for large businesses - in the amount of four hundred monthly calculation indices.
4. Actions of insiders to use insider information when making transactions with securities and (or) derivative financial instruments, illegally transfer insider information to third parties, provide recommendations or suggestions to third parties on making transactions with securities and (or) derivative financial instruments based on insider information, and (or) failure to comply with the requirements of the legislation of the Republic of Kazakhstan. Kazakhstan on providing information to issuers by legal entities recognized as insiders in relation to these issuers, having no signs of a criminally punishable act, if these actions have not caused major damage, –
A fine is imposed on an individual in the amount of two hundred, on an official in the amount of four hundred, on small businesses or non–profit organizations in the amount of three hundred, on medium–sized businesses in the amount of four hundred, on large businesses, branches of non–resident banks of the Republic of Kazakhstan in the amount of five hundred monthly calculation indices.
5. Violation by issuers of the requirements established by the legislation of the Republic of Kazakhstan regarding the control over the disposal and use of insider information about the issuer and the securities (derivative financial instruments) issued (provided) by it –
entails a fine for small businesses or non–profit organizations in the amount of three hundred, for medium–sized businesses - in the amount of four hundred, for large businesses - in the amount of five hundred monthly calculation indices.
6. Repeated (two or more times within six consecutive calendar months) disclosure by a securities market entity of unreliable and (or) incomplete information and (or) failure to disclose information about its activities within the established time limits in accordance with the procedure and on the terms determined by the legislation of the Republic of Kazakhstan, –
they entail a fine in the amount of fifty monthly calculation indices.
7. An advertisement or publication by a professional securities market participant operating in the securities market on the basis of a license from the authorized body for regulation, control and supervision of the financial market and financial organizations that does not correspond to reality on the day of its publication, –
entails a fine in the amount of one hundred monthly calculation indices.
8. Repeated (two or more times within twelve consecutive calendar months) failure and (or) late submission by the nominee holder of electronic data on the nominee holder's subaccount opened in the central securities depository's accounting system in the name of the nominee holder and intended for aggregated accounting of financial instruments belonging to its clients to the central securities depository for storage in accordance with the procedure established by the Central Securities Depository. and the time limits established by the Central Securities depository's set of rules, –
They impose a fine on medium–sized businesses in the amount of one hundred, and on large businesses in the amount of two hundred monthly calculation indices.
9. Repeated (two or more times within twelve consecutive calendar months) submission by the nominee holder of unreliable and (or) incomplete electronic data on the nominee holder's subaccount opened in the central securities depository's accounting system in the name of the nominee holder and intended for aggregated accounting of financial instruments belonging to its clients to the central securities depository for storage in volume and order, established by the Central Securities Depository 's set of rules, –
entails a fine for medium–sized businesses in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices.
Note.
For the purposes of part six of this article, information about its activities is understood to be information subject to disclosure by a securities market entity in accordance with the legislation of the Republic of Kazakhstan on the securities market.
Subjects of the securities market are not subject to administrative liability provided for in part six of this article in the following cases::
1) disclosure of information in accordance with the procedure and on the terms determined by the legislation of the Republic of Kazakhstan, no later than one business day after the expiration of the time limits established by the legislation of the Republic of Kazakhstan for the disclosure of this information;
2) if, at the time of the discovery of the offense, the subject of the securities market:
has been deprived of a license to operate in the financial sector and activities related to the concentration of financial resources, and is subject to compulsory liquidation or is in the process of compulsory liquidation.;
declared bankrupt by the court.
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