FAQ

To register a new security with the Registrar, you need to submit a Financing Statement Form by sending an email to [email protected]:

  – Make sure to complete the initial financing statement – Form 1 accurately.
  – Include a copy of the Security Agreement (refer to Question 4 for acceptable types of security agreements).
  – Provide confirmation or evidence of payment of the required fee (refer to Question 2 for the appropriate fee).
  – The Office of the AIFC Security Registrar (hereinafter, the Office) will not process any filings until the fee is paid and all filing documents are in order.
  – Upon successfully providing abovementioned documents, processing the request will take approximately 2-3 working days, during which a unique reference number will be assigned to the Financing Statement. After processing, the Office will issue a letter signed by the Security Registrar, acknowledging the filing of the initial financing statement, along with a copy of the acknowledgment form.

For information on amending a security filing, partially deleting or terminating a security filing, extending a security filing beyond 5 years, or searching the Security Register, please refer to Questions 7, 8, 9, 10, and 12 respectively.

The fees for submitting Financing Statements, forms, and requests to the Registrar are outlined in Schedule 1 of the AIFC Security Rules 2018 (please visit 20.-aifc-security-rules-no.-3-of-2018.pdf)  and are provided in USD  equivalents. To learn about the accepted payment methods, please refer to Question 3.

The fees can be paid by bank transfer according to the invoice produced by JSC “Astana International Financial Centre Authority”. The Office will proceed with processing a filing/search request only after the payment of the required fees and confirming that all filing documents are in order.

The fees can be paid by either party with the consent of the other party.

The Registrar accepts various types of security agreements irrespective of their form creates a security interest, and may include but not limited to the following types:
– Share Pledge Agreement
– Account Pledge Agreement
– General Assignment Agreement
– Collateral Agreement
– Deed of Charge
– Security Agreement

The Share Pledge or Account Pledge Agreements are commonly used in conjunction with filings made to the Office. The Security Agreement should be signed, dated, and clearly specify the parties involved (debtor and secured party), provide a description of the security or collateral, and indicate the value of the security or collateral.

The application can be submitted by either party with the consent of the other party; however, usually secured party submits the application with the consent of the debtor.

To file an amendment to a security, the following forms are necessary:

Financing Statement Amendment (Form 3): This form is used when there is an increase in the value of the Collateral covered.
Financing Statement Amendment (Form 4): This form is used when there is a need to add a Debtor.
Financing Statement Amendment (Form 5): This form is used when there is a need to add a Secured Party.
Financing Statement Amendment (Form 6): This form is used to change a name or address.
Financing Statement Amendment (Form 7): This form is used to partially delete the Collateral covered by the Financing Statement.
Financing Statement Amendment – Collateral Restatement (Form 8): This form is used to amend collateral when there is no change in its value.
Financing Statement Amendment – Correction Statement (Form 9): This form is used to correct the details which were wrongly submitted.

To initiate the amendment process, the following must be submitted:

  – Completed Financing Statement Amendment Form (3,4,5,6,7,8,9);
  – Reference Number of the previously filed Financing Statement (Form 1);
  – Copy of the Security Agreement demonstrating the amendment;
  – Confirmation or evidence of payment for the prescribed fee (refer to Question 2 for the applicable fee).
The Office will only process the filing once the fee has been paid and all the necessary documents are in order.

Processing the filing typically takes 2-3 working days. Subsequently, the Office will issue an acknowledgment letter signed by the Security Registrar, along with a copy of the relevant form and a receipt for the fee payment.

You have the option to either partially delete collateral or completely terminate a security filing.

To initiate the process of partial deletion or complete termination of a security filing, the following must be submitted:

  – Financing Statement Amendment (Form 7) or Termination Statement (Form 10)
  – Reference number and copy of the previously filed Financing Statement Form 1
  – Copy of the Security Agreement demonstrating the amendment or copy of the Security Release Agreement
  – Confirmation or evidence of payment for the prescribed fee (refer to Question 2 for the appropriate fee)

The Office will only process the filing once the fee has been paid and all the necessary documents are in order. Processing the filing typically takes 2-3 working days. Subsequently, the Office will issue an acknowledgment letter signed by the Security Registrar, along with a copy of the relevant form and a receipt for the fee payment.

A security that has been filed with the Registrar using the Financing Statement Form 1 remains valid for a duration of 5 years starting from the registration date. If you wish to extend its validity beyond this initial period, please consult Question 10 for further guidance.

To extend the duration of a security filing for an additional 5-year period or successive 5-year periods, the following documents need to be submitted:

Copy of the previously filed Financing Statement Form 1

Copy of the Security Agreement, if available, to demonstrate the continuation of the security (optional)

Confirmation or evidence of payment for the prescribed fee (refer to Question 2 for the appropriate fee)

The Office will process the filing only after the fee has been paid and all the required documents are in order. The processing time for the filing is typically 2-3 working days. Following the processing, the Office will issue an acknowledgment letter signed by the Security Registrar, along with a copy of the relevant form and a receipt for the fee payment.

Note: A Continuation Statement for the Financing Statement may be filed only within 6 months before the end of the 5-year period

The security register is not publicly accessible; however, it is possible to conduct searches within it. For detailed instructions on how to search the Security Register, please refer to Question 12 for further information.

To search the Security Register maintained by the Registrar, you need to submit the request to the Security Registrar by email ([email protected]), personal, courier, or postal service delivery to the address of the Security Registry.

A request may include following wordings: “Please conduct search request for the following debtor(s) ____, IIN/BIN (_) as relates to the shares ______ BIN (__)”.

Confirmation or evidence of payment for the prescribed fee (refer to Question 2 for the appropriate fee) (or you may refer to the Article 4.1.3. of the AIFC Security Rules 2018).

The Office will process the search request only after the fee has been paid and all the necessary documents are in order. The processing time for the search request is typically 1-3 working days. The Office will assign a reference number to the Search Request.

A search of the Security Register will be conducted, usually based on the debtor’s name. If any filings have been made under the debtor’s name, all the information pertaining to the filing will be extracted and included in a letter signed by the Security Registrar. The letter, along with the search results will be sent to the client.

In accordance with the Article 15 and Article 17 of the Constitutional Statute ‘On the AIFC’, the official language and language of record management is English.

According to paragraph 73 of the AIFC Security Regulations, communication, completion of forms and issuance of letters, including documents attached thereto, shall be in English.

In addition to this, in accordance with sub-subparagraph f of sub-subparagraph 3.3.5 of paragraph 3.3 of the AIFC Security Rules, the form (form for financing statement), including the documents attached thereto, shall be completed in English.