Majilis approved in the first reading draft law about regional financial center in Almaty
09.03.06 17:41
/INTERFAX-KAZAKHSTAN, Astana, March 9, 06/ - Majilis (lower house) of Kazakhstan
parliament on Thursday at plenary session approved in the first reading draft law
About regional financial center of Almaty (RFCA), and also draft law about changes
and additions in some legislative acts on matters of RFCA creation.
"Main purpose of presented drafts is determination of legal regime of activity of
participants of regional financial center of Almaty, management of which is
entrusted executive body, not included in the government and formed by order of
the president of the Republic of Kazakhstan as state institution - agency for
regulation of activity of regional financial center of Almaty", - Arken Arystanov,
chairman of this state agency informed, representing the documents to majilis.
He reminded, that these drafts are announced by the head of the government as
urgent to be considered by the country's legislative body.
The head of the government noted, that according to draft law on RFCA this
financial center will represent "special legal regime, important distinguishing
features of which are fixing after authorized body of the center functions on
state registration of legal entities - participants of RFCA by principle "one
window", execution of petition of visa issue, realization of state control over
observation of participants of the republic's legislation about labor".
Besides, A.Arystanov said to "key authorities" of state agency on regulation of
RFCA activity we may relate "establishment of requirements to issuers and
securities, which will be admitted to list of special trade ground of financial
center, approval of rules to compensate expenditures of issuers for audit".
"Concentration of the above functions within authorized body will allow to provide
complex servicing of all participants in efficient order", - A.Arystanov is
confident.
He also noted, that "for increase of investment attractiveness of financial center
the draft stipulates for institution of RFCA court, which will be court of oblast
level, considering disputes of financial center's participants".
Besides, he noted, the draft stipulates for creation of international council
attached to authorized body RFCA, which will be consultative-advisory structure
for elaboration of recommendations relative to development strategy of RFCA on the
basis of international experience.
This council, A.Arystanov explained, will consist of five people - foreign
specialists. For its functioning, he said, the republican budget for 2006 allotted
amount, equivalent $750 th.
For realization of law about RFCA, chairman of state agency said, it is offered to
introduce changes and additions in a number of legislative acts, particularly, in
Civil code (general part), in laws about state registration of legal entities,
about justice bodies, about securities market and other legislative acts.
As it is known, work to study opportunities on creation in Almaty of regional
financial center started in 2003.
Consultant of Kazakhstan government on project of creation in Almaty of regional
financial center is company Boston Consulting Group.
RFCA is assumed to be created in the form of special zone with peculiar legal
regime. At that in contrast to existing special economic zones at present time in
the republic RFCA will not have its distinctly outlined territory. Principle of
territoriality will be observes by requirements for RFCA participants about
presence of office on the territory of Almaty.
It is planned, that foreign citizens and persons without citizenship, arriving on
the territory of Kazakhstan to fulfill activity in RFCA, will get entrance visa in
international airport of Almaty. At that prolongation of visa's validity, and also
change of category of visas on petition of person may be fulfilled by executive
body of RFCA without departure of this person out of the republic.
It is expected, that RFCA participants will get opportunity to maintain office
work and conclude deals only in English, normative decisions of executive body
also will be maintained in English.
Besides, for convenience of RFCA participants on the territory of Almaty is
planned to create court of financial center.
It is planned, that main groups of players in RFCA besides broker-dealer
organizations will consist of issuers, investors and market makers.
It is assumed, that list of potential issuers will include Kazakhstan companies of
big and medium size, companies on medium size from Russia, Ukraine and
central-Asian region, Kazakhstan banks, brokers of RFCA on index funds and other
securities, secured by assets, and also other foreign issuers.
Investors in RFCA, as it is expected, will be Kazakhstan pension funds, unit
trusts, insurance organizations, Kazakhstan banks and companies, Russian and other
regional banks, other big and medium private investors, foreign investors, Islamic
investors.
Along with this as economic stimulus for creation of attractive conditions for
issuers partial compensation of expenditures for audit are offered depending upon
volumes of emission, discounts for listing right up to zero level of listing value
the first year of RFCA work, exemption from collection for registration in RFCA.
Tax control of RFCA participants is assumed to hold only on the basis of tax
statement, confirmed by auditing report.
For creation in Almaty of regional financial center republican budget for 2006
allotted amount over KZT1.5 bn. (current 129.45/$1).
Almaty with population nearly 1.3 m. people is the biggest city of Kazakhstan,
till December 1997 - the state's capital.
At present time central offices of practically all big commercial banks of the
republic, National bank, Kazakhstan stock exchange, other financial institutes of
the country are situated in this city.
[2006-03-09]