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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 27-04-2023)

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. The list of the main requirements to rendering the state service is given in appendix 1 to Rules. 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 Lists of the main requirements to rendering the state service.

4. No. 13 is excluded according to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of 27.04.2023

4-1. The large participant (large shareholder) owning directly or indirectly ten or more percent of shares in the authorized capital or voting (less exclusive) shares of the organization performing microfinancial activities (further – the large participant (large shareholder), provides information according to appendices 2-1 and 2-2 to Rules.

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.

5-1. The service provider performs verification of the data provided by uslugopoluchatel for receipt of the license for implementation of microfinancial activities from open and other sources.

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.

8. In case of factual determination of completeness of the submitted documents the employee of responsible division during the term of rendering the state service considers the submitted documents regarding their compliance to requirements of Item 5 of Rules, subitems 1), 2), 3), 4), 5), 6), 7), 8), 9), 10), 11) and 12) of Item 8 of the List of the main requirements to rendering the state service, prepares and sends for consideration to the authorized person of the service provider the draft of the warrant of surrender of the license for implementation of microfinancial activities or motivated refusal in licensing for implementation of microfinancial activities.

In case of identification of the bases for refusal in licensing for implementation of microfinancial activities the authorized body notifies uslugopoluchatel on the provisional solution about refusal in licensing, and also time and the place (method) of carrying out hearing for provision to uslugopoluchatel of opportunity to express line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

The authorized person of the service provider signs the draft of the warrant of surrender of the license for implementation of microfinancial activities or motivated refusal in licensing for implementation of microfinancial activities.

8-1. The employee of responsible division within 3 (three) working days following behind day of acceptance by the authorized person of the service provider of the relevant decision through office of the service provider sends to uslugopoluchatel the notification on licensing for implementation of microfinancial activities with appendix of the license for implementation of microfinancial activities or motivated refusal in licensing for implementation of microfinancial activities.

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