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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2018 No. 297

About establishment of features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities

(as amended on 09-02-2021)

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. Establish Features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities according to appendix to this resolution.

2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 64 "About approval of the Instruction about features of activities of liquidation commissions of voluntarily liquidated banks" (it is registered in the Register of state registration of regulatory legal acts at No. 13663, it is published on May 12, 2016 in information system of law of Ad_let).

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 after ten calendar days after day of its first official publication.

Chairman of National Bank

D. Akishev

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 297

Features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities

Chapter 1. General provisions

1. These Features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities (further – Features of activities of liquidation commissions) are developed 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 on banks) and establish features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities (further – liquidation commission).

2. The liquidation commission is created by the decision of general meeting of shareholders of voluntarily liquidated bank or the decision of authorized body of nonresident bank of the Republic of Kazakhstan concerning the branch of nonresident bank of the Republic of Kazakhstan which is voluntarily stopping activities (further – bank) based on permission of body of financial supervision of the state which resident is the nonresident bank of the Republic of Kazakhstan, or statements of body of financial supervision of the relevant state that such permission by the legislation of nonresident bank of the Republic of Kazakhstan is not required, no later than 45 (forty five) calendar days from the date of receipt of permission of authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) on voluntary liquidation of bank taking into account branches and representative offices of bank or on the voluntary termination of activities of bank.

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