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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2018 No. 60

About approval of Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity

According to the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" the Board of National Bank of the Republic of Kazakhstan DECIDES: (Tax code)

1. Approve the enclosed Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity.

2. Recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 100 "About approval of Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity" (it is registered in the Register of state registration of regulatory legal acts at No. 7606, it is published on July 18, 2012 in the Kazakhstanskaya Pravda newspaper No. 229-230 (27048-27049);

2) Item 7 of the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes are made the Board of National Bank of the Republic of Kazakhstan approved by the resolution of October 28, 2016 No. 265 "About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market" (it is registered in the Register of state registration of regulatory legal acts at No. 14733, it is published on February 28, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

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

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 the direction it the copy in paper and electronic type 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

It is approved

Minister of Finance of the Republic of Kazakhstan

April 10, 2018

 

B. Sultanov

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of March 27, 2018 No. 60

Rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity

1. These rules of reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank, the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity (further - Rules), are developed according to the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) and establish procedure for reference of subjects to receipt of the bank by the affiliated organization acquiring doubtful and bad assets of parent bank (further - the affiliated organization), the income to the income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity.

2. The affiliated organization, in addition to the types of activity specified in subitems 1), 2), 3) and 4) of item 4 of article 11-2 of 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), performs the following types of activity for the purpose of improvement of quality of doubtful and bad assets:

1) acquisition of personal and real estate and (or) the property right to the objects of construction in progress which carried over parent bank as compensation on doubtful and hopeless rights to claim;

2) leasing, transfer to financial leasing, trust management or use of other form of paid temporary use of own property, and also:

the property which carried over as a result of the address of claim to property, acting as pledge or other providing;

the property received in the form of compensation on the doubtful and hopeless the rights to claim acquired at parent bank and (or) as a result of implementation of actions for improvement of quality of doubtful and bad assets;

the property specified in the subitem 2) of item 4 of article 11-2 of the Law on banks and the subitem 1) of this Item;

property, newly created and accepted in its property within improvement of quality of doubtful and bad assets;

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