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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2019 No. 113

About establishment of case of availability of possibility of one person independently or together with one or several persons to determine decisions of the legal entity otherwise

(as amended on 07-05-2020)

According to the laws 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 of December 18, 2000 "About insurance activity" (further - the Law on insurance activity) the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Identify case of availability of possibility of one person independently or together with one or several persons to determine decisions of the legal entity otherwise when one legal entity finances other legal entity, the official (except for the independent director) and (or) shareholders (founders, participants) of which are the official and (or) the leading employee (except for the independent director) financing (financing) faces (persons), in the amount of, exceeding equity of the financed legal entity.

For the purpose of implementation of supervision on the consolidated basis the authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) within the competence requests from the face, independently or together with one or several persons of the determining decision of the legal entity, information necessary for determination of availability of control over the legal entity who is under control or its absence.

In case of non-presentation of information specified in part two of this Item within 30 (thirty) calendar days from the date of receipt of request of authorized body person (persons) to whom (which) the inquiry was sent is recognized-faced (persons) which (which) it has (have) control over the legal entity.

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