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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 November 30, 2020 No. 114

About approval of Rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirements of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan

(as amended on 24-02-2021)

In compliance with the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve Rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirement of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan according to appendix 1 to this resolution.

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 2 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 action provided by the subitem 2) of this Item.

3. 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.

4. This resolution becomes effective after ten 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

National Bank of the Republic of Kazakhstan

 

It is approved

Ministry for Culture and Sports of the Republic of Kazakhstan

 

Appendix 1

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of November 30, 2020 No. 114

Rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirement of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirement of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan are developed according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and determine procedure of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirement of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan.

2. Action of these rules extends to the banks of the second level which are compulsorily liquidated by a court decision.

The provisions of these rules applied in relation to the banks of the second level which are compulsorily liquidated by a court decision extend to branches of banks – nonresidents of the Republic of Kazakhstan, compulsorily stopping activities in cases, stipulated in Item 4 articles 74-5 of the Law on banks, taking into account the features established by Items 5 and 6 of article 74-5 of the Law on banks and these rules.

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

3. Involuntary liquidation of bank is made by court in connection with:

1) deprivation by authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) licenses of bank for carrying out all banking activities on the bases, stipulated in Item 1 article 48 of the Law on banks;

2) bankruptcy of bank;

3) the statement (claim) of authorized state bodies, legal entities or physical persons for the termination of activities of bank for other bases provided by legal acts.

3-1. The forced termination of activities of branch of nonresident bank of the Republic of Kazakhstan is made:

1) authorized body in connection with deprivation of the license for carrying out banking and other activities of branch of nonresident bank of the Republic of Kazakhstan on the bases, stipulated in Item 1 article 48 of the Law on banks;

2) court in the cases provided by part two of item 4 of article 74-5 of the Law on banks. From the date of the introduction in legal force of the judgment about the forced termination of activities of branch of nonresident bank of the Republic of Kazakhstan there come the consequences specified in part three of item 4 of article 74-5 of the Law on banks.

4. For the purpose of application of these rules the following concepts are used:

1) electronic auction - method of the electronic biddings in the form of auction in case of which the property is implemented with use of United electronic market place on the basis of equal access to them for all potential buyers to the Internet to the address: www.gosreestr.kz;

2) the creditor of bank - person having the property requirements arising from civil and other its obligations to the liquidated bank;

3) the starting price - the price with which the biddings on each lot begin, the established not lower than the cost of lot (property), determined by the appraiser according to the Law of the Republic of Kazakhstan of January 10, 2018 "About estimative activities in the Republic of Kazakhstan";

4) head office - office at which the chairman of liquidation commission performs the organizational and administrative and other functions provided by Rules;

5) minimum price - the price below which lot cannot be sold;

6) the organization for guaranteeing - specially created non-profit organization performing obligatory guaranteeing deposits in banks of the second level;

7) creditor committee - the body created from among creditors of the liquidated bank for the purpose of ensuring interests of creditors and decision making with their participation;

8) category of creditors - group of creditors whose requirements have uniform character and the stipulated in Article 74-2 Laws on banks are satisfied within certain queue;

9) the register of requirements of creditors - the document approved by authorized body, reflecting the requirements of creditors declared at the scheduled time and recognized by liquidation commission and also requirements of the organization for guaranteeing;

10) contingencies - costs for urgent needs unplanned by liquidation commission which size shall not exceed five hundred monthly settlement indicators;

11) participating bank - the liquidated bank, being the participant of system of obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan;

12) values – precious metals, currency values, banknotes and coins of the Republic of Kazakhstan, securities, forms of the strict reporting and valuable objects;

13) lot - the property offered for auction divided into indivisible (dividends) for realization of unit;

14) the periodic printing edition - the newspaper, the magazine, the almanac, the bulletin, the appendices to them having the permanent name, the current issue and issued at least once in 3 (three) months;

15) sales price - lot price established as a result of the biddings, and in case of realization of property without tendering - the property price approved by creditor committee (in the absence of creditor committee the chairman of liquidation commission);

16) object of realization - the property of the liquidated bank put up for sale as separate (independent) unit or consolidated from several units in one lot, other property;

17) the seller - liquidation commission of the liquidated bank;

18) the buyer - the winning bidder who signed the purchase and sale agreement with the seller;

19) the winning bidder - the participant who offered top price for lot at the biddings;

20) the organizer of the biddings - liquidation commission of the liquidated bank either the legal or physical person which signed with liquidation commission the service provision agreement on tendering and who is not interested in their results;

21) the bidder - the physical person or legal entity which submitted the application for participation in the biddings in the procedure established by the organizer of the biddings and registered by the organizer of the biddings as their participant;

22) the English method of the biddings - method of the biddings in case of which the starting price of lot raises with in advance announced step to the moment when there is one of participants who offered maximum price for lot;

23) the Dutch method of the biddings - method of the biddings in case of which the starting price of lot goes down with in advance announced step to the moment when one of participants agrees to purchase lot at the announced price;

24) liquidation commission - the body appointed (exempted) by authorized body in case of decision making about involuntary liquidation of bank, performing under direct management of the chairman of liquidation commission of power on property management and cases of bank during liquidation procedure;

25) expenses of liquidation commission - the costs connected with consumption of goods, works and services in the course of involuntary liquidation of bank (further - liquidating expenses);

26) liquidating, competitive weight - the assets of the liquidated bank intended for completion of cases of bank and ensuring settlings with his creditors;

27) inappropriate expenditure of liquidating weight - implementation of the costs which are not provided by the estimate of liquidating expenses approved with authorized body or approved by creditor committee;

28) the estimate of liquidating expenses - the document reflecting the predicted costs of liquidation commission for a certain period of time, approved by creditor committee or the chairman of liquidation commission in coordination with authorized body;

29) liquidating production - the procedure of the termination of activities of bank, as legal entity, performed for the purpose of completion of cases of bank and ensuring settlings with his creditors;

30) the liquidated bank - the bank which is in process of involuntary liquidation in connection with the judgment which took legal effect;

31) property of the liquidated bank - set of the property benefits and rights having cost assessment and included in liquidating, competitive weight;

32) temporary administration (the temporary administrator) - the body (person) appointed (appointed) by authorized body to the period from the date of deprivation of the license for carrying out banking activities before appointment of liquidation commission as authorized body for ensuring safety of property of bank and implementation of actions for ensuring bank management;

33) the organizer of electronic auctions – Information and Accounting Center joint-stock company according to the agreement on rendering electronic services in carrying out the electronic biddings signed with liquidation commission.

Chapter 2. Procedure for carrying out involuntary liquidation of bank

Paragraph 1. Beginning and conditions of carrying out involuntary liquidation of bank

5. The beginning of process of involuntary liquidation of bank is date of the introduction in legal force of the judgment about involuntary liquidation of bank or date of deprivation by authorized body of the license for carrying out banking and other activities of branch of nonresident bank of the Republic of Kazakhstan.

6. From the date of the introduction in legal force of the judgment about involuntary liquidation of bank or from the date of deprivation by authorized body of the license for carrying out banking and other activities of branch of nonresident bank of the Republic of Kazakhstan and before liquidation process completion:

1) the restrictions provided by subitems 1), 2), 4), 5), 6), 7) 8) and 9) of part two of Item 1 of article 48-1 of the Law on banks (for the liquidated bank), and the restrictions provided by subitems 1), 2), 3), 4), 5), 6) of part three of Item 5 of article 74-5 of the Law on banks are effective (for the branch of nonresident bank of the Republic of Kazakhstan which is compulsorily stopping activities);

2) powers of earlier operating governing bodies of bank stop, including according to the order property and to repayment of obligations of bank, and also their right on bank management;

3) leading, and if necessary other workers leave according to the procedure, established by the labor law of the Republic of Kazakhstan;

4) the actions performed from name and at the expense of the liquidated bank, have legal force only if they are made by the chairman of liquidation commission or person having the power of attorney issued by the chairman of liquidation commission on making of these actions;

5) terms of all debt obligations of the liquidated bank are considered expired, including according to bank guarantees (guarantees);

6) charge of remuneration and/or penalty (penalty fee, penalties) by all types of accounts payable of the liquidated bank stops;

7) the disputes with requirements of property nature to the liquidated bank considered in court stop if the decisions made on them did not take legal effect;

8) execution of earlier made decisions of the courts concerning the liquidated bank stops. The executive documents of courts concerning property requirements to the liquidated bank are transferred to liquidation commission for execution according to the procedure of priority, the stipulated in Clause 74-2 Laws on banks;

9) the obligations of bank expressed in foreign currency are transferred to tenge on the official rate of National Bank of the Republic of Kazakhstan established for date of the introduction in legal force of the judgment about involuntary liquidation of bank or for date of deprivation by authorized body of the license for carrying out banking and other activities of branch of nonresident bank of the Republic of Kazakhstan.

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