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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2019 No. 217

About approval of Rules of provision of the microcredits by electronic method

(as amended on 30-04-2021)

According to the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of the microcredits by electronic method.

2. To provide to department of methodology and regulation of the financial organizations in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department 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 submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and Item 3 of this resolution.

3. To department of external communications - the press service of National Bank to provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

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

Chairman of National Bank

E.Dosayev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 217

Rules of provision of the microcredits by electronic method

Chapter 1. General provisions

1. These rules of provision of the microcredits are developed by electronic method (further - Rules) according to the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities" (further - the Law) and determine procedure for provision of the microcredits by electronic method.

2. In Rules the concepts provided by the Law and also the following concepts are used:

1) authentication - the procedure of check of authenticity of the client, electronic messages and other documents, including electronic copies of the documents necessary for provision of the microcredit and also determining the client and content of its declaration of will;

2) private office - the multipurpose protected service providing interaction between the organization performing microfinancial activities and the client within provision of the microcredits with electronic method;

3) the client - the physical person or legal entity which concluded with the organization performing microfinancial activities, the agreement on provision of the microcredit or gave (intending to submit) the application on receipt of the microcredit;

4) two-factor authentication - the authentication performed using two various parameters including generation and input of passwords or authentication signs (tokens, smart cards, one-time passwords), and also with use of the software;

5) mobile application - the software product used on the subscriber structure of cellular communication and providing access to private office by means of services of cellular communication or the Internet;

6) the identifier - the unique digital, alphabetic or containing other symbols code assigned for the client for logging into the personal account;

7) the center of exchange of identification data (CEID) - the operational center of interbank money transfer system providing interaction with the financial organizations for data exchange of clients from available sources for holding procedures of identification of clients;

8) smart card - plastic cards with the built-in chip;

9) the terminal - the electronic and mechanical device intended for implementation of the transactions connected with provision of the microcredits;

10) token - the device intended for ensuring information security of the user, and also for identification of its owner, safe remote access to information resources;

11) authorized body - the state body performing state regulation, control and supervision of the financial market and the financial organizations.

Chapter 2. Provision of the microcredits by electronic method

3. The transactions connected with provision of the microcredits by electronic method are performed in private office of the client on Internet resource, in mobile application and (or) terminals of the organization performing microfinancial activities.

4. In 10 (ten) working days prior to opening of Internet resource, mobile application and (or) the terminal by means of which provision of the microcredits is performed by electronic method the organization performing microfinancial activities notifies on it authorized body.

The notification sent to authorized body contains:

1) the name of Internet resource, mobile application and (or) the location of the terminal of the organization performing microfinancial activities;

2) the list of services (transactions) which are possible for providing by means of Internet resource, mobile application and (or) the terminal of the organization performing microfinancial activities;

3) information on availability at the organization performing microfinancial activities, the approved procedures of safety and information security from unauthorized access in case of provision of services by means of Internet resource, mobile application and (or) the terminal with appendix of supporting documents.

5. In case of change of information containing in the notification specified in item 4 of Rules, the organization performing microfinancial activities in 10 (ten) working days prior to implementation of such changes notifies on it authorized body.

6. For registration in private office the client - the physical person enters the following data:

the surname, name, middle name (in the presence) specified in the identity document;

individual identification number;

number and effective period of the identity document;

subscriber number of the structure of cellular communication;

bank account details (IBAN) and/or details of payment card of the client (except for provisions of the microcredits by means of terminals);

the photo of the client in fullface on light background, with neutral look and the closed mouth.

For registration in private office the client - the legal entity enters (attaches) the following data (documents in the scanned type):

the order on appointment of the head of executive body of the legal entity or the power of attorney confirming powers of the person authorized to sign the agreement on provision of the microcredit;

the surname, name, middle name (in the presence) specified in the identity document of person, representative to sign the agreement on provision of the microcredit;

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