RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2018 No. 272

About approval of Rules of application of measures of supervising reaction

According to the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of December 18, 2000 "About insurance activity", of July 2, 2003 "About the security market", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of application of measures of supervising reaction (further - Rules).

2. 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.

3. To department of supervision of banks (Kizatov O. 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), 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 since January 1, 2019 and is subject to official publication.

7. Suspend Items 1 and 2 of Rules till July 1, 2019, having determined that during suspension these Items are effective in the following edition:

"1. These rules of application of measures of supervising reaction (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank), of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), of December 23, 1995 "About mortgage of real estate" (further - the Law on mortgage), of December 18, 2000 "About insurance activity" (further - the Law on insurance activity), of April 25, 2001 "About Development bank of Kazakhstan" (further - the Law on Development bank), of June 3, 2003 "About Fund of guaranteeing insurance payments" (further - the Law on Fonda of guaranteeing), of July 2, 2003 "About the security market" (further - the Law on the security market), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of July 6, 2004 "About credit bureaus and forming of credit stories in the Republic of Kazakhstan" (further - the Law on credit bureaus), of June 13, 2005 "About currency control and currency exchange control" (further - the Law on currency control), of July 26, 2016 "About payments and payment systems" (further - the Law on payments) also establish procedure for application by authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) measures of supervising reaction to bank, the organization performing separate types of banking activities, to bank holding, the insurance (reinsurance) organization, insurance broker, insurance holding, the organization guaranteeing implementation of insurance payments, to the professional participant of the security market, their leading employees, Development bank of Kazakhstan, the organizations which are part of banking conglomerate, to the organizations to the being part of insurance group, large members of bank, insurance (reinsurance) organization, the managing director of investment portfolio, the actuary having the license for implementation of actuarial activities in the insurance market, to persons having signs of the large member of bank, insurance (reinsurance) organization, the managing director of investment portfolio, bank holding, insurance holding.

2. Measures of supervising reaction are applied on the bases, stipulated in Item 2 articles 45-1 of the Law on banks, by article 5-4 of the Law on mortgage, Item 2 of article 53-1 of the Law on insurance activity, Item 2 of article 3-3 of the Law on the security market, article 28 of the Law on Development bank, Item 2 of article 3-1 of the Law on Fonda of guaranteeing, Item 3 of article 11 of the Law on credit bureaus, article 30 of the Law on currency control, Item 1 of article 24 of the Law on payments, and also in case of acceptance of authorized body of motivated judgment by collegiate organ according to article 62-6 of the Law on National Bank.".

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of October 29, 2018 No. 272

Rules of application of measures of supervising reaction

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