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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 13, 2019 No. 235

About approval of selection criteria and Rules of consideration of documents for the conclusion of the agreement on implementation of activities within specific mode of regulation

(as amended on 24-02-2021)

According to the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the following selection criteria for participation in specific mode of regulation:

1) the applicant is the financial resident organization of the Republic of Kazakhstan and (or) the legal resident person of the Republic of Kazakhstan performing activities in the financial sphere, the activities connected with concentration of financial resources and (or) with payment services, at least 2 (two) years;

2) obligations of the applicant for date of filing of application for participation within specific mode of regulation do not exceed its assets;

3) the applicant has no losses by results of 2 (two) complete financial years;

4) the founder - physical person or the first head of executive body or governing body of the founder - the legal entity of the applicant has no not removed or unspent conviction and (or) concerning them criminal prosecution for criminal offenses in the sphere of economic activity was not performed;

5) the applicant has for date of filing of application for participation within specific mode of regulation no operating measures of supervising reaction and the sanction applied by authorized body on regulation, control and supervision of the financial market and the financial organizations and (or) National Bank of the Republic of Kazakhstan within their competence;

6) the activities of the applicant planned to implementation within specific mode of regulation correspond to one or several of following conditions:

promotes improvement of competition in the market of financial services;

promotes development of the financial market and corresponds to consumer interests;

promotes increase in geographical and financial availability;

provides implementation of new technologies and innovations in the financial market;

it is directed to cost reduction and it is risk for consumers of financial services and members of the financial market;

7) the business plan provided by the applicant for participation in specific mode of regulation answers the purpose of specific mode of regulation.

Requirements of the subitem 3) of this Item do not extend to the applicant planning the activities within specific mode of regulation in the security market.

2. Approve the enclosed Rules of consideration of documents for the conclusion of the agreement on implementation of activities within specific mode of regulation.

3. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of September 27, 2018 No. 225 "About approval of selection criteria and Rules of consideration of documents for the conclusion of the agreement on implementation of activities within specific mode of regulation" (it is registered in the Register of state registration of regulatory legal acts at No. 17614, it is published on November 7, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

4. (Salimbayev D. N.) in the procedure established by the legislation of the Republic of Kazakhstan to provide to department of methodology and regulation of the financial organizations:

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 5 of this resolution.

5. To department of external communications - the press service of National Bank of the Republic of Kazakhstan 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.

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

7. 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 December 13, 2019 No. 235

Rules of consideration of documents for the conclusion of the agreement on implementation of activities within specific mode of regulation

Chapter 1. General provisions

1. These rules of consideration of documents within specific mode of regulation (further - Rules) are developed for the conclusion of the agreement on implementation of activities according to the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" (further - the Law) and determine procedure for consideration by authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body) documents for the conclusion of the agreement on implementation of activities within specific mode of regulation (further - the agreement) with the financial organizations and (or) other legal entities performing activities in the financial sphere, the activities connected with concentration of financial resources and (or) with payment services (further - the applicant).

2. Consideration of documents for the conclusion of the agreement is performed by authorized body taking into account the applicant's compliance to the selection criteria determined in Item 1 of this resolution.

Chapter 2. Procedure for consideration of documents for the conclusion of the agreement

3. For implementation of activities within specific mode of regulation and the conclusion of the agreement the applicant submits in authorized body the application for participation within specific mode of regulation (further - the statement) in form according to appendix to Rules, with appendix of the following documents and information:

1) copies of constituent documents (notarially attested in case of non-presentation of originals for reconciliation);

2) the information about founders (participants), shareholders, about the first head (members) of executive body, with indication of full name and the location of the legal entity;

3) the business plan containing:

reasons for need of implementation of activities within specific mode of regulation;

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