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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 31, 2019 No. 8

About approval of Rules of application (establishment) of conservation regime of banks of the second level

According to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of application (establishment) of conservation regime of banks of the second level.

3. (Salimbayev D. N.) in the procedure established by the legislation of the Republic of Kazakhstan to provide to department of methodology of the financial market:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this resolution its direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and item 4 of this resolution.

4. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

6. This resolution becomes effective after ten calendar days after day of its first official publication.

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of January 31, 2019 No. 8

Rules of application (establishment) of conservation regime of banks of the second level

Chapter 1. General provisions

1. These rules of application (establishment) of conservation regime of banks of the second level (further - Rules) are developed according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and determine procedure for application (establishment) for conservation regime of banks of the second level (further - bank).

2. Preservation represents the special control mode and activities of insolvent bank which is compulsorily entered by authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) for establishment of control over insolvent bank in case of implementation of measures for settlement of insolvent bank.

Chapter 2. Procedure for application (establishment) for conservation regime of banks of the second level

3. The basis of application (establishment) of conservation regime of bank is the decision of authorized body on carrying out preservation of bank.

The decision of authorized body on carrying out preservation of bank contains data, stipulated in Item 1 article 64 of the Law on banks.

4. For implementation of measures for settlement of insolvent bank by authorized body the temporary administration on bank management is appointed (the interim manager bank).

5. The copy of the decision of authorized body on carrying out preservation of bank is handed under list by the invitation of the first head of bank (person, it replacing) in authorized body in day of its removal, or goes to bank by means of electronic, facsimile or other means of communication, or is delivered purposely by the employee of authorized body in the bank location.

The first head of bank (person, it replacing) gives to the head of temporary administration on bank management (to the interim manager bank) under the delivery-acceptance certificate property of bank, including all seals (in case of their availability), stamps, cliche and seals, keys, the access codes, passwords which are available for the purpose of the admission to information, the documents connected with state registration of bank in judicial authorities, the originals of licenses issued to bank, letterheads, electronic media of information, the software securities of other legal entities issued in documentary form which owner is the bank, and also documents which are subject to storage in bank according to the resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 66 "About establishment of the List of the main documents which are subject to storage and terms of their storage in banks of the second level" registered in the Register of state registration of regulatory legal acts at No. 13710.

6. If the employees of bank or other persons acting according to their order by making of wrongful acts or failure to act create conditions under which the temporary administration on bank management (the interim manager bank) has no opportunity fully or partially to perform the functions, temporary administration (the interim manager bank) draws up the statement of hindrance.

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