RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 8, 2019 No. 176

About approval of Rules of licensing to legal entities whose exclusive activities is collection of banknotes, coins and values

According to the subitem 13) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of licensing to legal entities whose exclusive activities is collection of banknotes, coins and values, (further – Rules).

2. Recognize invalid resolutions of Board of National Bank of the Republic of Kazakhstan, and also structural element of the resolution of Board of National Bank of the Republic of Kazakhstan according to the list according to appendix to this resolution.

3. To department of cash circulation (Kazhmuratov Zh. T.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Kasenov A. S.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this resolution provision in Legal department of data on execution of the actions provided by the subitem 2) of this Item and item 4 of this resolution;

4) the direction to the operator of information and communication infrastructure of "the electronic government" and to Single contact center of information on the changes made to Rules and additions within five working days after day of their first official publication.

4. To department of external communications - the press service of National Bank (Adambayeva A. R.) 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 Galiyeva D. T.

6. This resolution is subject to official publication and becomes effective since January 1, 2020.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 8, 2019 No. 176

Rules of licensing to legal entities whose exclusive activities is collection of banknotes, coins and values

Chapter 1. General provisions

1. These rules of licensing to legal entities whose exclusive activities is collection of banknotes of coins and values, (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" (further – the Law on National Bank), "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks and banking activity), "About permissions and notifications" (further – the Law on permissions and notifications), "About the state services" (further – the Law on the state services) and determine procedure for issue to legal entities whose exclusive activities is collection of banknotes, coins and values, (further – the legal entity, legal entities) licenses for collection of banknotes, coins and values.

In Rules the concepts applied in the values specified in the Law on the state services, the Law on permissions and notifications, the laws of the Republic of Kazakhstan "About informatization" and "About the electronic document and the digital signature are used".

Chapter 2. Procedure for licensing of activities of legal entities

2. Receipt of the license for collection of banknotes, coins and values and during implementation of activities for collection of banknotes, coins and values requires compliance of the legal entity to the following qualification requirements:

1) form of business of the legal entity is the limited liability partnership;

2) founders (participants) of the legal entity are:

citizens of the Republic of Kazakhstan and kandasa;

the legal entities created according to the laws of the Republic of Kazakhstan;

3) person cannot be the founder (participant) of the legal entity:

being the founder (participant) of the legal entity on whom the decision on deprivation of the license for collection of banknotes, coins and values was made;

concerning which there is sentence or other judgment which took legal effect about application of criminal penalty in the form of deprivation of the right to hold leading employee position of the financial organization, bank and (or) insurance holding and to be the large member (large shareholder) of the financial organization if effective period of criminal penalty did not expire;

included in the list of persons involved in terrorist activities, and also the list of the organizations and faces tied with financing of distribution of weapons of mass destruction and (or) in the list of the organizations and faces tied with financing of terrorism and extremism;

4) the head of executive body of the legal entity is person:

being the citizen of the Republic of Kazakhstan who is constantly living in the territory of the Republic of Kazakhstan;

the having higher education;

having work experience at least three years in the sphere of provision of financial services;

5) person cannot be the head of executive body of the legal entity:

staying on the dispensary registry in the psychoneurological and narcological organizations of health care;

having the outstanding or not removed criminal record;

dismissed less than three years ago for negative motives from the financial organizations, from state bodies, courts, from military service;

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