Question & Answer

What criteria should the power of attorney meet, if the securities holder is a foreigner or a resident of a foreign country?

It is required to legalize the power of attorney, which is provided for execution of operations at National Depository Center or its member company, in accordance to Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents and to the Law on joining this Convention of the Republic of Azerbaijan. Legalization means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp, which it bears. Moreover, the attorney to be submitted must be translated into Azerbaijani language and verified by a notary.

NOTE: The requirements on legalization of the documents is not applicable for participants of the “Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases”.

What is the procedure to open a nominee account?
What is the procedure to open a depo account for securities holder?

The National Depository Center or its member company upon request open depo account.  There can be several depo accounts of the same securities holder in the depository system.  The following documents shall be submitted for opening the account:

i. For resident individuals:

• Application for opening an account;

• ID card;

• Questionnaire on personal info (Form N1)

ii. For non-resident individuals:

• Application for opening an account;

• ID card;

• Questionnaire on personal info (Form N1)

iii. For resident legal entities:

• Application for opening an account;

• Copy of legal entity's charter verified by a notary;

• Copy of the extract from the state register or of the certificate of state registration of the legal entity verified by a notary;

• Document on the appointment of the legal representative of the legal entity;

• Copy of the certificate of taxpayer registration verified by a notary;

• Questionnaire on personal info (Form N2)

iv. For non-resident legal entities:

• Application for opening an account;

• Document confirming the state registration of the legal entity;

• Document on the appointment of the legal representative of the legal entity;

• Questionnaire on personal info (Form N2)

Based on the submitted documents, the respective agreement on opening depo account is concluded.

The original documents required for the accounts opened by NDC’s member company are kept at that company and are submitted to NDC upon request.