Кыргызская фондовая биржа

Contract
about participating on the tenders № _____

 

Closed Joint-Stock Company "Kyrgyz Stock Exchange" (Licence NBKRSM KR № 3 from November 30, 2000 year), hereinafter referred as "KSE", on behalf of President Tolubaev A.Zh, Working on the basis of the Charter, on the one hand
and _____________________________________________________________________,
Called further "the Participant of the tenders", in the person ______________________________________________, Operating on the basis
_______________________________________________________, On the other hand, "Parties" called in common have concluded the present Contract as follows:

1. Subject of the Contract.

1.1. KSE gives access to the Participant of the tenders to KSE trading system according to Rules of exchange trade (the Exchange charter) KSE (further "the Exchange charter") and Regulations KSE.

1.2. Using access to trading system, the Participant of the tenders, according to the Exchange charter, concludes transactions of purchase and sale of the securities admitted to the reference in trading system KSE.

1.3. Cooperating with depositary, КSE informs the Participant of the tenders on execution or cancellation of the transactions concluded by it in trading system KFB, according to the Exchange charter and Regulations KSE.

2.Special conditions of execution of the Contract.

2.1. For maintenance of execution concluded by the Participant of the auctions of the transaction with securities, it should open corresponding accounts in KSE depositary and to have on such accounts corresponding quantities of securities and-or money resources. Transactions with securities are consist in trading system KSE exclusively within their rests on accounts of participants of the auctions in the depositary serving КSE.

2.2. КSE makes changes and-or additions to the Exchange Charter only after preliminary discussion of these changes and-or additions with the Participant of the tenders. Terms and order of such discussion are developed and affirm by Board of directors KSE.

2.3. The participant of the tenders concludes transactions and makes other actions in trading system through the authorized representative operating according to the Exchange charter and Regulations of КSE.

3. The rights and obligations of the Parties.

3.1. The KSE has the right:

• Unilaterally to change the KSE Regulations under condition of the corresponding notice in writing of the tenders Participant not less than 5 calendar days prior to the introduction of such changes into force;
• Unilaterally to suspend execution of the present Contract in the cases provided by the legislation of the Kirghiz Republic, and also in case of infringement by the Participant of the auctions of conditions of item 5.3 of the present Contract;
• To install new versions of the software products used for functioning of trading system under condition of the corresponding notice in writing of the Participant of the tenders not less than for 20 calendar days prior to one day of the introduction of such changes in force;
• To change a configuration and-or a complete set of the equipment used by the Participant of the tenders in KSE;

3.2. The КSE is obliged:

• To provide functioning of the trading system according to the Exchange charter and Regulations of KSE;
• To provide access of the tenders Participant to trading system in conformity with Regulations of KSE;
• To provide confidentiality of work of the tenders Participant and safety of its trade secret in the limits provided by the legislation of the Kyrgyz Republic.

3.3. The participant of the tenders has the right:

• Timely and full access to the trading system KSE;
• To give the offers on changes and additions in the Exchange charter in writing form.

3.4. The participant of the tenders is obliged:

• Strictly to observe conditions of the Exchange charter and Regulations КSE, and also access and behavior rules on КSE;
• In the course of work in trading system accurately to execute its instructions, and also instructions of authorised persons of KSE;
• In case of occurrence of a non-staff situation or equipment failure immediately to inform on it to the authorized persons of KSE;
• To provide concluded by it in trading system of the transaction with securities and money with a view of timely maintenance of calculations on them;
• In due time and in full to make calculations with КSE according to КSE Tariffs .

4. Responsibility of the parties.

4.1. The KSE is responsible for:

• non-execution or improper execution of this Contract;
• Default or inadequate execution of conditions of the present Contract.

4.2. KSE is not responsible for:

• To the Participant of the tenders and the third parties for their shares or inactivity, in case of appropriate execution of conditions of the present Contract.

4.3. Tha Participant of the tenders is responsible for:

• For actions or inactivity of all authorized representatives, made during work in trading system KSE;
• For reliability of the information delivered to КSE.

4.4. The parties will not bear the responsibility for default of the obligations following from conditions of the present Contract, in case of occurrence of the force majeure circumstances interfering execution of such obligations. Force majeure circumstances in the present Contract are understood as circumstances, which Parties could not expect or prevent, and arisen after the conclusion of the present Contract, And also such, as war, revolt, revolts, civil or military conflicts, certificates{acts} of sabotage, strike, lock-out, a fire, the damage caused by flooding or other acts of nature, failures and accidents, explosions, etc.

At occurrence of force majeure circumstances term of performance by the Parties of the obligations under the present Contract is transferred to the period of action of such circumstances.

5. Calculations under the contract.

5.1. The participant of the tenders pays to KSE commission gathering from the transactions made in trading system in sizes stipulated by KSE Tariffs, working on date of their conclusion.

5.2. Payment is made by transfer of money to settlement account КSE during 5 bank days from the date of exhibiting КSE to the Participant of the tenders of the corresponding account. Accounts for the rendered services are exposed to the Participant of the tenders two times a month for each half of month separately, accordingly up to 5-th and 20-th of each month.

5.3. In case of a delay the payment of services by Participant of the tenders KSE over the terms established by item 6.2. of the present Contract, the Participant of the tenders pays КSE fine at a rate of 0,1 (one tenth) percent from the sum of the exposed account per every day of delay of payment during 10 bank days, then the further charge of fine stops, and КSE have the right to suspend unilaterally execution of the present Contract before full repayment of the debt and charged fine.

6. The order of modification and additions in the Contract.

6.1. The form and the contents of the present Contract affirms by KSE Board of directors.

6.2. The participant of the parties has the right to submit for consideration Board of directors of KSE the offers on change and addition of conditions of the present Contract, only in case of presence of the written approval not less than two other participants of the tenders with such remarks and offers. The order and terms of consideration of such offers are established by KSE Board of directors.

6.3. At acceptance by Board of directors KFB of the decision on modification and additions in the present Contract, it is subject to renewal in a new wording during 10 calendar days from the date of acceptance of such decision.

7. The order of the Contract cancellation.

7.1. The present Contract can be terminated by any of the Parties unilaterally, under condition of the notice in writing the Party - the initiator of such cancellation of other Party made not less than for 30 calendar days, before prospective date of cancellation. During this term, the Party are obliged to carry out all calculations under the present Contract about what to sign the corresponding certificate.

7.2. The present Contract is subject to cancellation КSE unilaterally, in case of infringement by the Participant of the tenders of terms, about payment of an admission fee, and also requirements to the Participant of the tenders, determined by Rules of KSE, thus the part of already paid admission fee does not come back.

8. The order of disputes consideration.

8.1. The parties have agreed to take all measures to the resolution of disputes arising of the present Contract or in connection with it, by mutual negotiations during 10 calendar days.

8.2. In case of impossibility of settlement of disputes according to item 8.1 of the present Contract, during 10 calendar days they are born and considered{are taken out and considered;are born and examined;are} by KSE Board of directors.