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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 23, 2020 No. 108

About approval of Rules of licensing of microfinancial activities, Qualification requirements on implementation of microfinancial activities and the list of the documents confirming compliance to them

(as amended on 31-03-2021)

According to subitem 4-4) of article 27 of the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities", Item 2 of article 12 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" and for the purpose of implementation of the Law of the Republic of Kazakhstan of July 3, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning mortgage loans in foreign currency, enhancement of regulation of subjects of the market of payment services, general declaring and recovery of economic growth" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve:

1) Rules of licensing of microfinancial activities, according to appendix 1 to this resolution;

2) Qualification requirements on implementation of microfinancial activities and the list of the documents confirming compliance to them according to appendix 2 to this resolution.

2. Recognize invalid:

1) the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 24, 2020 No. 21 "About approval of Rules of passing of accounting registration of the organizations performing microfinancial activities including the list of the documents submitted for passing of accounting registration, and also maintaining and exception of the register of the organizations performing microfinancial activities" (it is registered in the Register of state registration of regulatory legal acts at No. 20163, it is published on March 25, 2020 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

2) Item 2 of the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of April 30, 2020 No. 55 "About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of organization activity, performing microfinancial activities" (it is registered in the Register of state registration of regulatory legal acts at No. 20549, it is published on April 30, 2020 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

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 the data on execution of action provided by the subitem 2) of this Item.

4. 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.

5. This resolution becomes effective after twenty one calendar days after day of its first official publication and extends to the legal relationship which arose since January 1, 2021.

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

M. Abylkasymova

"Is approved"

Ministry of national economy of the Republic of Kazakhstan

"___" _____________ 2020

 

"Is approved"

Ministry of digital development, innovations and aerospace industry 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 23, 2020 No. 108

Rules of licensing of microfinancial activities

Chapter 1. General provisions

1. These rules of licensing of microfinancial activities (further - Rules) are developed according to the laws of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and financial institutions", of November 26, 2012 "About microfinancial activities" (further - the Law), of April 15, 2013 "About the state services", of May 16, 2014 "About permissions and notifications" (further - the Law on permissions and notifications) and determine procedure for licensing by authorized body by regulation, control and supervision of the financial market and financial institutions (further - the service provider) the microfinancial activities performed by microfinancial institutions, credit partnerships and pawnshops (further - uslogopoluchatel).

Chapter 2. Licensing procedure on implementation of microfinancial activities

2. Documents are provided by uslugopoluchatel on paper or in electronic form by means of the web portal of "the electronic government" www.egov.kz (further - the portal) according to the standard of the state service "Licensing for Implementation of Microfinancial Activities" according to appendix 1 to Rules (further - the Standard). In case of the direction uslugopoluchately statements through the portal in "personal account" the status about acceptance of request for rendering the state service with indication of date and time of receipt of result is automatically displayed.

Information on stage of rendering the state service is updated in the automatic mode in information system of monitoring of rendering the state services.

3. For receipt of the license for implementation of microfinancial activities the uslugopoluchatel submits to the service provider the application for licensing for implementation of microfinancial activities in form according to appendix 2 to Rules (further - the statement for licensing) and documents, stipulated in Item 8 Standards.

4. The documents provided on paper, consisting of several sheets are represented numbered and stitched with indication of the number of the stitched sheets on the label pasted on the back of the last leaf on insertion node.

Copies of documents are certified by the signature of the head of executive body of the uslugopoluchatel or person fulfilling its duties (with submission of the copy of the supporting document about assignment of fulfillment of duties), with indication of surname, name, middle name (in case of its availability) with indication of on fidelity of the copy.

5. The service provider receives from the corresponding state information systems through lock of "the electronic government" of the data, specified in identity documents of the physical person - the resident of the Republic of Kazakhstan, confirming lack of not removed or unspent conviction at the physical person - the resident of the Republic of Kazakhstan, and also about state registration (re-registration) of the legal entity.

The documents issued by competent authorities or officials of foreign states are subject to legalization or apostilization according to the requirements of the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan (except for identity documents of the physical person - the nonresident of the Republic of Kazakhstan). The specified documents are translated into the Kazakh and Russian languages and are subject to the notarial attestation according to the legislation of the Republic of Kazakhstan on notariate.

6. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of the statement for licensing performs its acceptance, registration and the direction on execution in the structural division of the service provider responsible for rendering the state service (further - responsible division).

In case of receipt of the statement of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application is performed the next working afternoon.

7. The employee of responsible division within 2 (two) working days from the date of receipt and registration of a statement about licensing checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents the employee of responsible division within the specified term directs to uslugopoluchatel motivated refusal in further review applications.

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