RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2019 No. 191

About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170 "About establishment of normative values and techniques of calculations of prudential standard rates and other regulations, obligatory to observance, and limits of the size of the capital of bank for certain date and Rules of calculation and limits of open foreign exchange position"

List of amending documents

According to the Law of the Republic of Kazakhstan of July 3, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation and development of the financial market, microfinancial activities and the taxation" and for the purpose of enhancement of the regulatory legal acts of the Republic of Kazakhstan regulating activities of banks of the second level, the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170 "About establishment of normative values and techniques of calculations of prudential standard rates and other regulations, obligatory to observance, and limits of the size of the capital of bank for certain date and Rules of calculation and limits of open foreign exchange position" (it is registered in the Register of state registration of regulatory legal acts at No. 15886, it is published on October 25, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendment:

state heading in the following edition:

"About establishment of normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank and Rules of calculation and limits of open foreign exchange position";

state Item 1 in the following edition:

"1. Establish:

1) Normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank according to appendix 1 to this resolution;

2) Rules of calculation and limits of open foreign exchange position according to appendix 2 to this resolution.";

in Normative values and techniques of calculations of prudential standard rates and other regulations, obligatory to observance, and the limits of the size of the capital of bank for certain date approved by the specified resolution:

state heading in the following edition:

"Normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, size of the capital of bank";

state Items 1 and 2 in the following edition:

"1. Normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank (further - Standard rates) 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 normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank.

Normative values for banks and their affiliated organizations calculated on the basis of consolidated financial statements are established according to article 42 of the Law on banks.

Normative values are expressed by number with three signs after comma.

And limits of the size of the capital of bank for obligatory observance by banks enter into structure of prudential standard rates and other regulations, obligatory to observance:

minimum size of authorized and own capitals of bank;

coefficient of sufficiency of equity;

the maximum extent of risk on one borrower;

liquidity rates;

coverage ratios of liquidity and net stable funding;

capitalization of banks to obligations to nonresidents of the Republic of Kazakhstan;

coefficient on placement of part of means of bank in internal assets.

2. In Standard rates the following concepts are used:

1) book value - the amount on which the loan is recognized the balance sheet after deduction of the provisions (reserves) created on them;

2) homogeneous loans - group of loans with similar characteristics of credit risk;

3) individual loans - loans on which provisions (reserves) are calculated on each such loan;

4) investment loan (credit) - I will jam (credit), conforming to the following requirements:

the term of loan (credit) constitutes 5 (five) and more years;

terms of the contract of loan (credit) establish prohibition on complete early repayment. Partial repayment of loan is performed in the terms and procedure provided by the business plan of the borrower;

the loan (credit) is granted the legal entity according to its business plan providing realization of complex of the actions directed to creation, expansion and upgrade of production of goods, production and transport infrastructure;

5) unsteady types of pledge - the property and money arriving in the future (except for the rights of requirements to the state partner in the cash receipts transfered to account, intended for transfer of compensation of investment costs, under the agreement of public-private partnership signed according to the legislation of the Republic of Kazakhstan which is the key under the agreement of bank loan which conditions are provided in Item 2-1 of Standard rates, and also the money arriving in the future on off-take to the contract which is the key under the agreement of bank loan in case of compliance to the conditions provided in Item 2-2 of Standard rates), including under agreements of equity (except for the money arriving under the agreements signed with the companies with the state participation (subjects of the quasi-public sector), insurance contracts (except for the insurance contracts containing Items on unconditional and irrevocable obligation fulfillment concluded with the insurance companies having rating "BB+" of Standard&Poor rating agency "s or rating of the Moody agencies" sInvestorsService and Fitch (further - other rating agencies) is not lower, than insurance contracts which conditions are provided in Item 2-1 of Standard rates), guarantees of physical persons or legal entities (except for "BB+" of Standard&Poor rating agency "is not lower than guarantees of the legal entities having credit rating s or the rating of similar level of one of other rating agencies, guarantees of the banks of the second level having credit rating is not lower "In -" Standard&Poor rating agency "of s or other rating agencies, and also guarantees issued by national managing directors of holdings and their affiliated organizations), intangible assets, shares in the authorized capital or the securities which are not included in the official listing of organizers of the biddings of the Republic of Kazakhstan and (or) organizers of the biddings recognized by the international stock exchanges, (except for the share accepted in mortgage providing in the authorized capital and (or) securities of legal entities which have relation of debt on the loans issued on the purposes which are not connected with financing of current assets to profit to deduction of expenses on payment of the added remunerations, tax assignments and charged depreciation (EBITDA) constitutes no more 4), paper grain receipts, the mortgage providing which is outside the Republic of Kazakhstan (except for the mortgage providing which is in the countries of the Eurasian Economic Union in the presence of the conclusion of legal consultants or specialists of the affiliated organizations of bank according to the right of the said countries confirming proper registration of mortgage providing);

6) unsecured consumer loan - consumer loan, except for:

the loans provided with the pledges of the rights to real estate, the pledge of personal estate which is subject to obligatory state registration, completely covering the amount of the issued loan;

the loans provided with pledge of the rights on the issued securities which are subject to registration, completely covering the amount of the issued loan;

the loans provided with pledge of right to claim under agreements of equity in housing construction, completely covering the amount of the issued loan;

loans on which the money which is completely covering the amount of the issued loan acts as providing;

the loans issued within system of educational crediting;

the loans issued within system of housing construction savings;

7) loan - implementation of banking loan, leasing, factoring, forfaiting activities by bank, accounting of bills of exchange and receivables on earlier issued bank loans;

8) the borrower - the physical person or legal entity which signed the loan agreement (credit);

9) provisions (reserves) - the reserves created under impairment of loan;

10) the co-borrower - the physical person or legal entity which is signing the loan agreement (credit) together with the borrower and acting according to the loan agreement (credit) as the solidary actionee of obligations on return of the received money;

11) off-take the contract - the agreement between the producer (supplier) and the customer on sales of goods and (or) services with delivery in the future on in advance resolutive conditions at the cost, quantity (amount) and delivery dates.";

in paragraph one of part two of Item 2-2 change in Kazakh is made, the text in Russian does not change;

changes in Kazakh are made to Item 5, the text in Russian does not change;

in Item 6:

change in Kazakh is made to part third, the text in Russian does not change;

change in Kazakh is made to the paragraph the eleventh parts four, the text in Russian does not change;

in parts the fifth, sixth and seventh changes in Kazakh are made, the text in Russian does not change;

changes in Kazakh are made to Item 7, the text in Russian does not change;

in Item 8:

change in Kazakh is made to part one, the text in Russian does not change;

in paragraph one of part two change in Kazakh is made, the text in Russian does not change;

in Item 10:

in part one:

in the subitem 1):

change in Kazakh is made to paragraph two, the text in Russian does not change;

change in Kazakh is made to the paragraph the eighteenth, the text in Russian does not change;

in paragraph one of the subitem 2) changes in Kazakh are made, the text in Russian does not change;

change in Kazakh is made to the paragraph the fourth parts two, the text in Russian does not change;

in Item 11:

in paragraphs two, the third, fourth and fifth changes in Kazakh are made, the text in Russian does not change;

change in Kazakh is made to the paragraph the thirteenth, the text in Russian does not change;

in paragraph one of part one of Item 12 change in Kazakh is made, the text in Russian does not change;

in paragraph one of part one of Item 13 change in Kazakh is made, the text in Russian does not change;

change in Kazakh is made to Item 14, the text in Russian does not change;

in Item 15:

change in Kazakh is made to the paragraph third parts one, the text in Russian does not change;

in paragraph one of part three change in Kazakh is made, the text in Russian does not change;

change in Kazakh is made to part the second Item 16, the text in Russian does not change;

change in Kazakh is made to Item 17, the text in Russian does not change;

state Item 19 in the following edition:

"19. Calculation of assets, the contingent and possible obligations weighed on degree of credit risk is carried out according to the Table of the assets of bank weighed on degree of credit risk of investments according to appendix 5 to Standard rates, Values of coefficients of weighing on degree of credit risk of investments on unsecured consumer loans when calculating coefficient of debt load, according to appendix 5-1 to Standard rates and the Table of the contingent and possible obligations of bank weighed on degree of credit risk according to appendix 6 to Standard rates. Calculation of values of coefficients of weighing for degree of credit risk of investments for unsecured consumer loans when calculating coefficient of debt load is perfromed on the unsecured consumer loans issued after January 1, 2020.

For the purposes of weighing of assets, contingent and possible obligations on risk degree assets, contingent and possible obligations decrease by the amount of the created reserves, according to IFRS.

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