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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 31, 2019 No. 11

About approval of the minimum size of authorized and own capitals of stabilization bank, Rules of creation of stabilization bank, forming of its authorized and own capitals, and also receipts by stabilization bank of the license for carrying out banking and other activities

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 minimum size of authorized and own capitals of stabilization bank in the amount of 10 000 000 000 (ten billion) tenges.

2. Approve the enclosed Rules of creation of stabilization bank, forming of its authorized and own capitals, and also receipts by stabilization bank of the license for carrying out banking and other activities.

3. Recognize invalid regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix to this resolution.

4. (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 5 of this resolution.

5. 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.

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

7. 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. 11

Rules of creation of stabilization bank, forming of its authorized and own capitals, and also receipts by stabilization bank of the license for carrying out banking and other activities

Chapter 1. General provisions

1. These rules of creation of stabilization bank, forming of its authorized and own capitals, and also receipts by stabilization bank of the license for carrying out banking and other activities (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 establish procedure for creation of stabilization bank, forming of its authorized and own capitals, and also receipts by stabilization bank of the license for carrying out banking and other activities.

2. The stabilization bank is created for goal achievement, the determined Item 2 of article 61-8 of the Law on banks.

Chapter 2. Procedure for creation of stabilization bank

3. The authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) after obtaining from temporary administration on bank management (the interim manager bank) offers on carrying out transaction on transfer of assets and obligations of insolvent bank to stabilization bank within 10 (ten) working days makes the decision on creation of stabilization bank and without delay notifies temporary administration on bank management (the interim manager bank) on the made decision.

4. In the decision of authorized body on creation of stabilization bank are specified:

1) decision on creation of stabilization bank;

2) name and location of stabilization bank;

3) members of persons, representatives to perform activities for management of stabilization bank and to represent its interests before the third parties;

4) quantity and types of the announced shares, nominal value of the announced shares of stabilization bank which will be placed among investors of this bank;

5) decision on approval of the charter of stabilization bank;

6) the order to persons designated to perform activities for management of stabilization bank:

sign the charter of stabilization bank;

register stabilization bank in judicial authorities;

sign the contract with the central depositary;

sign the prospectus of share issue of bank for state registration in authorized body;

7) the order of temporary administration on bank management (to the interim manager bank) to transfer assets and liabilities to the created stabilization bank;

8) date of entry into force of the decision of authorized body on creation of stabilization bank;

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