RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2018 No. 300

About establishment of the factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio and also approval of Rules of approval of the actions plan providing measures of early reaction, and the Technique of determination of the factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio

According to the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Establish the following factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio:

1) decrease in coefficient of sufficiency of equity;

2) decrease in amount of quick assets;

3) unprofitable activities.

2. Approve:

1) Rules of approval of the actions plan providing measures of early reaction according to appendix 1 to this resolution;

2) the Technique of determination of the factors influencing deterioration in financial position of the organizations performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio according to appendix 2 to this resolution.

3. Recognize invalid regulatory legal act 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 3 to this resolution.

4. To department of regulation of the non-bank financial organizations (Kosherbayeva A. M.) 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 5 of this resolution.

5. 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.

6. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Kurmanov Zh. B.

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

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 300

Rules of approval of the actions plan providing measures of early reaction

1. These rules of approval of the actions plan providing measures of early reaction (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market" (further - the Law) and determine procedure for approval by authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body) the actions plan providing measures of early reaction for increase in financial stability of the organization performing broker and (or) dealer activities in the security market and (or) activities for management of investment portfolio (further - the organization).

2. The organization develops and represents to authorized body for approval the actions plan providing measures of early reaction for increase in financial stability of the organization (further - the actions plan).

The actions plan, without being limited to following, contains the following information:

the detailed analysis of the factor influencing deterioration in financial position of the organization with indication of the reasons of its origin;

the forecast of the factor influencing deterioration in financial position of the organization, reasons for this forecast and negative impacts of factor on organization activity;

the measures for improvement of the factor influencing deterioration in financial position of the organization, providing its bringing to the level which is not posing threat and not creating additional risks for organization activity;

completion dates of the actions plan on each its Item;

the list of the leading employees responsible for execution of the actions plan (with indication of the leading employees responsible for execution for each Item of the actions plan).

3. The authorized body considers the actions plan provided by the organization.

In case of disagreement of authorized body with the actions plan provided by the organization for consideration, the authorized body sends to the address of the organization written notes according to the plan of actions and (or) carries out with the organization joint discussions for the purpose of completion of the actions plan.

The organization adjusts the actions plan for elimination of notes of authorized body in the terms specified in the letter of authorized body or in case of disagreement with such notes represents to authorized body the reasons in writing.

The authorized body in writing approves or does not approve the actions plan provided by the organization, in time, which is not exceeding 30 (thirty) working days from the date of submission of the plan of action according to part one of Item 2 of Rules.

4. In case of independent identification of the factors influencing deterioration in financial position of the organization, the organization within 5 (five) working days from the date of their identification represents the actions plan provided by part two of Item 2 of Rules to authorized body.

5. In case of identification of the factors influencing deterioration in financial position of the organization, submission of the actions plan is not required:

1) during execution by the organization of requirements imposed by authorized body within the applied measures for improvement of financial condition and (or) risk minimization of the organization in connection with violation of prudential standard rates;

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