RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2018 No. 227

About approval of Rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan

According to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" for the purpose of determination of procedure for provision by National Bank of the Republic of Kazakhstan of loans of final instance the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan.

2. To department of financial stability (Hakimzhanov S. T.) 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 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) and 3) of this Item and Item 3 of this resolution.

3. 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.

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

5. This resolution becomes effective since January 1, 2019 and is subject to official publication.

Approved by the resolution of Board of National Bank of the Republic of Kazakhstan of September 27, 2018 No. 227

Rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank) and determine procedure for provision by National Bank of the Republic of Kazakhstan (further - National Bank) loans of final instance (further - loan, loans) to banks of the second level (further - bank) and to the organizations carried to number of the systemically important infrastructure financial organizations according to the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 257 "About approval of Rules of reference of the financial organizations to number backbone", registered in the Register of state registration of regulatory legal acts at No. 10210 (further - the systemically important infrastructure financial organizations).

2. In Rules the concepts provided by the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994, the Law on National Bank, the laws 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 banking activity), of July 2, 2003 "About the security market", of January 14, 2016 "About precious metals and gemstones" and of January 10, 2018 "About estimative activities in the Republic of Kazakhstan" (further - the Law on estimative activities), and also the following concepts are used:

1) portfolio of uniform loans - group of bank loans with similar characteristics of credit risk and corresponding to the internal regulations of bank approved by governing body of bank;

2) discount - the percent established by National Bank according to article 51-3 of the Law on National Bank by which the asset cost of bank decreases, provided as a deposit, for the purpose of decrease in the risks connected with their possible impairment;

3) pledge preposition - preliminary procedure for determination by National Bank and bank of the assets of bank provided by subitems 2) and 3) of Item 28 of the Rules acceptable for acceptance by National Bank as a deposit in case of provision of loan by National Bank with agreement signature about pledge preposition;

4) the agreement on pledge preposition - the agreement signed between National Bank and bank about determination of the assets of bank provided by subitems 2) and 3) of Item 28 of the Rules acceptable for acceptance by National Bank as a deposit in case of provision of loan by National Bank;

5) the plan of funding - the document of bank containing information on the actual and predicted flows of quick assets of bank, including inflows of money with which use the bank plans to extinguish loan, information on expense optimization of bank, including on compensation of leading employees of bank;

6) idiosyncratic shock of liquidity - the event which came due to the need of immediate satisfaction of requirements of the depositors and creditors of bank (except for requirements of faces tied with bank the special relations) who arose owing to impact of the external factors independent of bank;

7) short-term liquidity deficit - insufficiency of money at bank in connection with idiosyncratic shock of liquidity.

3. The loan is granted by National Bank to bank for the purpose of assistance to ensuring stability of financial system of the Republic of Kazakhstan.

4. The loan granted by National Bank is used for covering of short-term liquidity deficit of bank and is not the instrument of maintenance of its solvency.

5. The loan is granted the systemically important infrastructure financial organizations according to the procedure and on the conditions specified in Rules, except as specified to inapplicability of separate requirements of Rules in view of specifics of their activities.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info