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PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of April 18, 2018 unitary enterprise No. 79

About Agency on liquidation of banks

(as amended of the Presidential decree of the Kyrgyz Republic of 31.05.2022 No. 172)

For the purpose of reduction of activities of the Agency on reorganization of banks and debt restructuring in compliance with the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity" and according to article 65 of the Constitution of the Kyrgyz Republic I decide:

1. Rename Agency on reorganization of banks and debt restructuring into Agency on liquidation of banks.

2. Approve the enclosed Regulations on the Agency on liquidation of banks.

3. Bring in the Presidential decree of the Kyrgyz Republic "About questions of transfer of separate state bodies to maintaining the Government of the Kyrgyz Republic" of January 21, 2011 No. 15 the following change:

- to state the paragraph of the sixth of Item 2 in the following edition:

"-Agency on liquidation of banks;".

4. Declare invalid the Presidential decree of the Kyrgyz Republic "About approval of the Regulations on the Agency on reorganization of banks and debt restructurings (DEBRA)" of October 12, 2011 No. 255.

5. To the government of the Kyrgyz Republic to bring the decisions into accord with this Decree.

6. This Decree becomes effective from the date of official publication.

President of the Kyrgyz Republic

S. Zheenbekov

Provision
about Agency on liquidation of banks

1. General provisions

1. This Provision determines legal and organizational basis of activities of the Agency on liquidation of banks (further - the Agency).

2. The agency is the public institution created for the purpose of implementation of functions of the liquidator of the banks and other non-bank financial credit institutions performing acceptance of the deposits licensed and regulated by National Bank of the Kyrgyz Republic.

3. The agency in the activities is guided by the Constitution and the laws of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, resolutions and orders of the Government of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic, international treaties which became effective in the procedure established by the law which participant is the Kyrgyz Republic, and also this Provision.

4. The agency is the legal entity based on the right of operational management, has separate balance, the isolated property, settlement and other accounts in banks and other financial credit institutions, seal with the name in the state, Russian and English languages and the image of the State Emblem of the Kyrgyz Republic, stamp, forms and other attributes.

5. The agency answers for the obligations which are at its disposal, money.

6. Full name:

- in the Kyrgyz language: "Banktarda to agenttiga zhoyu" mekemes;

- in Russian: "Agency on Liquidation of Banks" organization;

- in English: "Agency for Banks Liquidation".

7. Agency location: The Kyrgyz Republic, the city of Bishkek, the prospectus Feel, 114.

2. Tasks and functions of the Agency

8. Tasks of the Agency are:

- implementation of functions of the liquidator of the banks and other non-bank financial credit institutions performing acceptance of the deposits transferred to the jurisdiction of the Agency;

- collection of loan debt (including on contractual basis) business entities and physical persons.

9. Functions of the Agency are:

- carrying out liquidation procedure of the banks and other non-bank financial credit institutions performing acceptance of the deposits transferred to its jurisdiction;

- restructuring, sale and return (collection) of debts from business entities and physical persons, both residents, and nonresidents of the Kyrgyz Republic;

- rendering agency, marketing, consulting, representative services in the financial and credit sphere within accomplishment of the main objectives;

- organization of information publishing activities for the main activities;

- implementation of information system, creation of the database on questions of the activities;

- ensuring return of the debts to the government budget transferred for collection;

- implementation of return of debts of banks to National Bank of the Kyrgyz Republic.

On types of activity on which the license (permission) is required the Agency performs it based on the licenses (permissions) granted in accordance with the established procedure by the relevant state bodies.

3. Rights and obligations of the Agency

10. For realization of the assigned tasks the Agency has the right:

- perform financial transactions in financial credit institutes;

- make financial calculations including non-cash, with legal entities and physical persons;

- obtain necessary information from banks, other legal entities and physical persons within the powers provided to the Agency;

- involve workers to accomplishment of liquidation procedure;

- involve experts, specialists, independent appraisers to receipt of the conclusions and consultations, development of regulating and other documents with the corresponding fee;

- introduce drafts of the regulatory legal acts necessary for accomplishment of objectives;

- make purchases of goods, works and services according to the legislation of the Kyrgyz Republic;

- sign contracts with legal entities irrespective of their forms of business, and also citizens according to the purposes and tasks of the activities;

- own, use and dispose of real and personal estate according to the legislation of the Kyrgyz Republic and this Provision;

- form the special commissions and the working groups on the questions relating to maintaining the Agency;

- perform other activities according to the legislation of the Kyrgyz Republic and this Provision.

11. Belong to duties of the Agency:

- fulfillment of requirements of regulatory legal acts of the Kyrgyz Republic;

- ensuring nondisclosure of confidential information with his employees on activities of banks or other information which became known to them in connection with accomplishment of service duties, except as specified, stipulated by the legislation the Kyrgyz Republic;

- provision of the reporting in National Bank of the Kyrgyz Republic on the course of carrying out liquidation of banks and non-bank financial credit institutions, in form and in the terms established by the legislation of the Kyrgyz Republic;

- provision of the annual report on the done work in the Government of the Kyrgyz Republic on return of the budget advances transferred to collection in accordance with the established procedure;

- provision in authorized public institution on protection of deposits of information (register) on deposits of physical persons in case of approach of warranty case in form and in the terms established by the legislation of the Kyrgyz Republic;

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