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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 29, 2018 No. 275

About approval of the list of transactions on non-market conditions which conclusion is the basis for decision making about reference of bank, branch of nonresident bank of the Republic of Kazakhstan, to category of insolvent banks, branches of nonresident banks of the Republic of Kazakhstan

(as amended on 17-02-2021)

According to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the following list of transactions on non-market conditions as a result of which bank, the branch of nonresident bank of the Republic of Kazakhstan (further - bank) incurs losses and which lead to further deterioration in financial condition of bank which conclusion is the basis for decision making about reference of the bank which is earlier referred to category of banks with the unstable financial position creating threat to interests of his depositors and creditors and (or) threat of stability of financial system to category of insolvent banks:

1) transactions, state programs except for performed within realization, corresponding to one of the following conditions:

the amount of the granted bank loan does not correspond to financial position and (or) the income of the borrower (taking into account co-borrowers if they are available), and also costs of mortgage providing;

the payment deferral on payment by the debtor of remuneration and (or) repayment of principal debt by it on banking activities exceeds one year;

the size of the interest rates levied from the debtor is significantly lower than market interest rates on similar banking activities;

2) issue of bank guarantees or guarantees according to obligations of debtors on the amount which does not correspond to financial position and (or) the income of the debtor, or without the right of the return requirement (regress) to the debtor;

3) transactions which lead to early satisfaction of requirements of large shareholders and (or) leading employees of bank;

4) transactions which conditions provide the right of the physical person or legal entity which is the party of the transaction to complete or partial refusal of the undertaken financial liabilities before bank.

Requirements of subitems 1) and 2) of this Item extend to cases when the size of the transaction constitutes:

1) for bank, except for branch of nonresident bank of the Republic of Kazakhstan:

2 (two) and more than a percent from equity of bank (on acceptance date bank of the decision on transaction) - 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 (on acceptance date bank of the decision on transaction) - for banks with size of equity over 100 000 000 000 (hundred billion) tenges;

2) for branch of nonresident bank of the Republic of Kazakhstan:

2 (two) and more than a percent from the assets accepted as reserve, branch of nonresident bank of the Republic of Kazakhstan (for decision date about transaction) - for branches of nonresident bank of the Republic of Kazakhstan with size of the assets accepted as reserve to 100 000 000 000 (hundred billion) tenges inclusive;

1 (one) and more than a percent from the assets accepted as reserve, branch of nonresident bank of the Republic of Kazakhstan (for decision date about transaction) - for nonresident bank of the Republic of Kazakhstan with size of the assets accepted as reserve over 100 000 000 000 (hundred billion) tenges.

2. 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 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.

Chairman of National Bank

D. Akishev

 

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