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THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of March 30, 2020 No. 31

About approval of Rules of issue of permission to voluntary reorganization of bank (bank holding) or refusal in issue of permission, issue of permission to converting of bank in Islamic bank and refusal in issue of permission, issue of permission to voluntary liquidation of banks, issues of permission to the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan, and also return of deposits of physical persons, their transfer to other bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits

(as amended on 16-07-2021)

According to part two of Item 1 of Article 52-14, part two of Item 1 of Article 60, part three of Item 1 of Article 69, part four of Item 3 of article 74-5 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", the subitem 1) Item 1 of article 9 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services", Item 2 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the enclosed Rules of issue of permission to voluntary reorganization of bank (bank holding) or refusal in issue of permission, issue of permission to converting of bank in Islamic bank and refusal in issue of permission, issue of permission to voluntary liquidation of banks, issues of permission to the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan, and also return of deposits of physical persons, their transfer to other bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits.

2. Recognize invalid 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 to this resolution.

3. To provide to department of bank regulation 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 the Agency of the Republic of Kazakhstan on regulation and development of the financial market 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 4 of this resolution.

4. To management of the international relations and external communications 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 supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

6. This resolution becomes effective after twenty one calendar days after day of its first official publication.

The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market

M. Abylkasymova

It is approved

Ministry of national economy of the Republic of Kazakhstan

____ ___________ 20 ___ years

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

____ ___________ 20 ___ years

 

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 30, 2020 No. 31

Rules of issue of permission to voluntary reorganization of bank (bank holding) or refusal in issue of permission, issue of permission to converting of bank in Islamic bank and refusal in issue of permission, issue of permission to voluntary liquidation of banks, issues of permission to the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan, and also return of deposits of physical persons, their transfer to other bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits

Chapter 1. General provisions

1. These rules of issue of permission to voluntary reorganization of bank (bank holding) or refusal in issue of permission, issue of permission to converting of bank in Islamic bank and refusal in issue of permission, issue of permission to voluntary liquidation of banks, issues of permission to the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan, and also return of deposits of physical persons, their transfer to other bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits, (further - Rules) are developed according to part two of Item 1 of Article 52-14, part two of Item 1 of Article 60, part three of Item 1 of Article 69, part four of Item 3 of article 74-5 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), the subitem 1) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law on the state services), Item 2 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" (further - the Law on permissions) also determine procedure for issue by authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body, the service provider) permissions to voluntary reorganization of bank (bank holding) or refusal in issue of permission, issue of permission to converting of bank in Islamic bank and refusal in issue of permission, issue of permission to voluntary liquidation of banks, on the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan, and also return of deposits of physical persons, their transfer to other bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits.

2. Features of voluntary reorganization and liquidation of interstate banks are determined by international treaties (agreements) on creation of data of banks and their constituent documents.

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