RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2019 No. 248

About approval of Rules of the conclusion of the agreement of bank loan, including requirements to content, registration, compulsory provisions of the agreement of bank loan, forms of the repayment schedule of loan and the instruction sheet for the borrower – physical person

According to Item 2 of article 34 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve:

1) Rules of the conclusion of the agreement of bank loan according to appendix 1 to this resolution;

2) Requirements to content, registration, compulsory provisions of the agreement of bank loan according to appendix 2 to this resolution;

3) the Form of the repayment schedule of loan according to appendix 3 to this resolution;

4) instruction sheet Form for the borrower – physical person according to appendix 4 to this resolution.

2. Recognize invalid some regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix 2 to this resolution.

3. To provide to department of consumer protection of financial services 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 official publication of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and item 4 of this resolution.

4. 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.

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

6. This resolution becomes effective since January 1, 2020 and is subject to official publication, except for appendices 1 and 2 to the Procedure which become effective since April 1, 2020. Appendix 3 to the Procedure is effective till April 1, 2020.

7. Suspend till April 1, 2020:

1) action of paragraph two of Item 9 of the Procedure, having determined that during suspension this paragraph is effective in the following edition:

"To the agreement signed with the borrower - the physical person, attaches the instruction sheet for the borrower - physical person under the agreement of bank loan in form according to appendix 3 to the Procedure.";

2) action of Item 10 of the Procedure, having determined that during suspension this Item is effective in the following edition:

"10. The repayment schedule of loan signed by its parties in which are specified is attached to the agreement:

number and date of the conclusion of the agreement;

amount and loan currency;

repayment dates and the amount of the next payments with indication of repayment sums of principal debt, remuneration and their total value;

remaining balance of principal debt for date of the following repayment;

the total total sums of principal debt and remuneration which are subject to payment and their total value;

date of scheduling of repayment of loan.

Under the contract with floating rate of remuneration the repayment schedule of loan is constituted for date of its issue, and in subsequent the amount of the next payments is adjusted and brought to the attention of the borrower (co-borrower) according to the procedure, established by the agreement.

If borrower (co-borrower) is the physical person, the repayment schedule of loan constituted on date of issue of loan also contains list of the methods of repayment of loan offered by bank with mark of the borrower (co-borrower) about the chosen method.

In case of change of the terms of loan attracting change of the amount (size) of monetary commitments of the borrower and (or) term of their payment, the bank constitutes and issued to the borrower new the repayment schedule of loan and the instruction sheet for the borrower - physical person under the agreement of bank loan taking into account new conditions.

By provision of the next part of loan within credit line based on the statement of the borrower, the repayment schedule of loan and the instruction sheet for the borrower - physical person under the agreement of bank loan are provided to the borrower.

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