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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2018 No. 273

About some questions of establishment of prohibition on provision of preferential terms to the faces tied with bank, branch of nonresident bank of the Republic of Kazakhstan the special relations

(as amended on 24-02-2021)

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) the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. For the purposes of part two of Item 1 of article 40 of the Law the size of loans without providing (blank loans) issued by bank to person, related the special relations does not exceed 20 (twenty) million tenges on acceptance date bank of the decision on issue of loan.

2. For the purposes of part three of Item 1 of article 40 of the Law the size of the bank loans and the financing provided by subitems 4) and 5) of Item 1 of article 52-5 of the Law issued by bank to board members and large members of this bank does not exceed 0,02 (zero whole two 100-th) percent from equity of bank on acceptance date bank of the decision on issue of loan or financing.

3. For the purposes of the subitem 5) of Item 2 of article 40 of the Law the cost of the transaction or set of transactions of bank (for the current financial year) with the face tied with bank the special relations exceeds 0,1 (zero whole one tenth) percent from equity of bank, except for transactions or set of transactions on share acquisition or shares in the authorized capital of legal entities whose cost exceeds 10 (ten) percent from equity of bank, on acceptance date bank of the decision on transaction or set of transactions.

4. For the purposes of part two of Item 2 of article 40 of the Law to establish the following additional criteria of reference of transactions to transactions with preferential terms:

1) making of banking loan activities by bank with the borrower - physical person or legal entity without fixation of information about the borrower (the co-borrower, the guarantor, the guarantor and the pledger) according to internal documents of bank;

2) making of banking loan activities by bank with the borrower - physical person or legal entity without determination in the agreement of bank loan of the purpose of receipt of loan corresponding to needs of the borrower (except for consumer crediting and crediting for replenishment of current assets, syndicated loans with participation of nonresident banks of the Republic of Kazakhstan);

3) making of banking loan activities by bank with the borrower - physical person or legal entity without determination in the agreement of bank loan of responsibility of the borrower for inappropriate use of money (except for consumer crediting and crediting for replenishment of current assets, syndicated loans with participation of nonresident banks of the Republic of Kazakhstan).

5. For the purposes of the subitem 1) of part one of Item 3 of article 40 of the Law to establish the following sizes of bank loans and bank guarantees which decision making about issue is included into power of heads and permanent members of committees of the board of directors and relevant organ of this bank in case of which excess specified persons are recognized the faces tied with bank the special relations:

0, ((zero whole seven tenth) percent from equity of bank (on acceptance date bank of the decision) - for banks with size of equity up to 100 000 000 000 (hundred billion) tenges inclusive;

0, ((zero whole five tenth) percent from equity of bank (on acceptance date bank of the decision) - for banks with size of equity over 100 000 000 000 (hundred billion) tenges.

6. For the purposes of the subitem 5) of part one of Item 3 of article 40 of the Law to establish the following signs of coherence of physical person or legal entity with bank the special relations:

1) the borrower (physical person or legal entity) belonging to group of the borrowers of bank united in such group according to requirements of the maximum risk of one borrower in which one of borrowers of such group is the face tied with bank the special relations;

2) the borrower (physical person or legal entity), the transaction with which is performed with violation of internal procedures of bank regarding observance of requirements to assessment of creditworthness and (or) security of such transaction;

3) the physical person or legal entity which concluded the bargain with bank according to which providing face tied with bank the special relations except for guarantees (guarantees), reserve letters of credit of the banks having debt rating at the level of VVV is provided and is higher than Standard & Poor agency "s or rating of similar level of Moody rating agencies" s Investors Service and Fitch.

Requirements of subitems 1) and 2) of part one of this Item extend to cases when the size of transactions of bank with specified persons constitutes:

2 (two) and more than a percent from equity of bank (for decision date) - for banks with size of equity up to 100 000 000 000 (hundred billion) tenges inclusive;

1 (one) and more than a percent from equity of bank (for decision date) - for banks with size of equity over 100 000 000 000 (hundred billion) tenges.

7. For the purposes of part three of Item 3 of article 40 of the Law to determine the following other persons who are not connected with bank the special relations:

1) National chamber of entrepreneurs of the Republic of Kazakhstan;

2) association (unions) of banks;

3) associations of legal entities in the form of association (unions) with participation of banks;

4) Kazakhstan Fund of Stability Joint-stock company;

5) "Single Accumulation Pension Fund" Joint-stock company;

6) Single operator of housing construction;

7) "Kazakhstan Fund of Guaranteeing Deposits" Joint-stock company;

8) credit bureaus;

9) international financial institutions;

10) public institutions;

11) persons who are not recognized affiliates according to the international treaties ratified by the Republic of Kazakhstan;

12) spouses (spouse) and close relatives of the independent director of bank;

13) the legal entity in whom the independent director of bank is official;

14) the legal entity in whom the independent director of bank owns ten and more percent of placed shares (less the exclusive and redeemed shares) or share in the authorized capital;

15) the legal entity in whom persons specified in the subitem 12) of this Item own ten and more percent of placed shares (less the exclusive and redeemed shares) or share in the authorized capital or are officials.

8. For the purposes of item 4 of article 40 of the Law the cost of the transaction exceeds 0,02 (zero whole two 100-th) percent from equity of bank on acceptance date bank of the decision on transaction, except for transactions on share acquisition or share in the authorized capital of legal entities which cost exceeds 10 (ten) percent from equity of bank on acceptance date bank of the decision on transaction.

9. Requirements of this resolution extend to branches of nonresident banks of the Republic of Kazakhstan taking into account features, the stipulated in Clause 40 Laws and this Item, bank holdings (except for nonresidents of the Republic of Kazakhstan, being the bank holding or person having signs of bank holding, and conforming to requirements of Item 9 of article 40 of the Law) and the organizations performing separate types of banking activities.

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