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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 February 12, 2021 No. 24

About approval of Rules and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also requirements to contents of documents, Rules of issue of permission to opening of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, branch of the insurance nonresident broker of the Republic of Kazakhstan, and also requirements to contents of the business plan, Rules of licensing of insurance (reinsurance) activity and activities of insurance broker, and also requirements to contents of documents

According to the laws of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" and of July 4, 2003 "About state regulation, control and supervision of the financial market and financial institutions", Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve:

1) Rules and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also the requirement to contents of documents according to appendix 1 to this resolution;

2) Rules of issue of permission to opening of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, branch of the insurance nonresident broker of the Republic of Kazakhstan, and also the requirement to contents of the business plan according to appendix 2 to this resolution;

3) Rules of licensing of insurance (reinsurance) activity and activities of insurance broker, and also the requirement to contents of documents according to appendix 3 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 4 to this resolution.

3. To provide to department of the insurance market and actuarial calculations 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.

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.

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

 

It 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 February 12, 2021 No. 24

Rules and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also requirement to contents of documents

Chapter 1. General provisions

1. These rules and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also the requirement to contents of documents (further - Rules) are developed according to article 27 of the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further - the Law), article 9 of the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and financial institutions", the laws of the Republic of Kazakhstan of April 15, 2013 "About the state services", of May 16, 2014 "About permissions and notifications", of January 7, 2003 "About the electronic document and the digital signature" and of November 24, 2015 "About informatization" and determine procedure and conditions of issue by authorized body on regulation, control and supervision of the financial market and financial institutions (further - authorized body, the service provider) permissions to creation of the insurance (reinsurance) organization (further - the state service), and also requirements to contents of documents.

Chapter 2. Procedure and conditions of issue of permission to creation of the insurance (reinsurance) organization

2. For receipt of permission to creation of the insurance (reinsurance) organization the physical person or legal entity (further - the applicant, uslugopoluchatel) submits in authorized body the application for issue of permission to creation of the insurance (reinsurance) organization (further - the statement) in form according to appendix 1 to Rules in electronic form through the web portal of "the electronic government" www.egov.kz (further - the portal).

In case of the direction the applicant of the statement through the portal in "personal account" automatically displays the status about acceptance of request for rendering the state service with indication of date and time of receipt of result.

3. The basis for the procedure (action) for rendering the state service is obtaining by authorized body through the portal of the documents provided in the standard of the state service "Issue of Permission to Creation of the Insurance (Reinsurance) Organization, Opening of Branch of the Insurance (Reinsurance) Nonresident Organization of the Republic of Kazakhstan" according to appendix 2 to Rules (further - the Standard).

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

The employee of responsible division checks completeness of the submitted documents for compliance to requirements of Item 8 of the Standard.

In case of factual determination of incompleteness of the submitted documents and (or) submission of documents with the expired effective period the service provider refuses reception of an application within 2 (two) working days from the moment of receipt of documents. The authorized body receives from the corresponding state information systems through lock of "the electronic government" of the data, specified in documents:

proving the identity of the physical person - the resident of the Republic of Kazakhstan;

confirming absence at the physical person - the resident of the Republic of Kazakhstan of not removed or unspent conviction;

about state registration (re-registration) of the legal entity - the resident of the Republic of Kazakhstan.

5. The list of the documents necessary for rendering the state service is provided in the Standard.

6. In case of factual determination of completeness of the submitted documents the authorized body within 43 (forty three) working days considers them regarding compliance to requirements of article 27 of the Law and Item 5 of Rules, makes the decision on issue (on refusal in issue) permissions to creation of the insurance (reinsurance) organization.

The employee of responsible division within 5 (five) working days after adoption of the resolution of Board of authorized body sends to the applicant to "personal account" through the portal and to The Government for Citizens State corporation the notification on issue of the permission to creation of the insurance (reinsurance) organization in electronic form signed by the digital signature of the authorized person of the service provider with appendix of the electronic copy of permission to creation of the insurance (reinsurance) organization or the motivated answer about refusal in provision of the state service.

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

8. In case of discrepancy of the submitted documents to requirements of article 27 of the Law and Item 5 of Rules, except for the refusal bases in issue of permission to creation of the insurance (reinsurance) organization, the stipulated in Article 28 Laws, authorized body during the term of their consideration specified in Item 6 of article 27 of the Law sends uslugopoluchatel through the portal the letter with indication of these notes and term for their elimination.

Uslugopoluchatel resolves comments and submits the modifed (corrected) documents through the portal conforming to requirements of the Law and Governed, in time, established by authorized body. At the same time the term of rendering the state service by authorized body is not interrupted.

9. The authorized body issues permission to creation of the insurance (reinsurance) organization in form according to appendix 3 to Rules and records the permissions issued to them.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of authorized body and (or) its officials concerning rendering the state service

10. The claim to decisions, actions (failure to act) of authorized body and (or) its officials concerning rendering the state service goes to the head of authorized body, to authorized body by assessment and control of quality of rendering the state services or court.

11. In the claim sent to the head of authorized body are specified:

1) surname, name, and also at will middle name (in case of its availability), the postal address (for physical person);

2) the name, the postal address, reference number and date (for the legal entity).

Confirmation of adoption of the claim by the head of authorized body is its registration (stamp, the entering number and date) in office of authorized body with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

In case of the address through the portal information on procedure for appeal can be obtained by phone single contact center: 8-800-080-7777 or 1414.

When sending the claim through the portal information on the claim which is updated during processing of the claim by authorized body is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

Chapter 4. Requirements to contents of the documents submitted for receipt of permission to creation of the insurance (reinsurance) organization

12. The information about founders - physical persons is provided in appendix 4 to Rules.

13. The information about founders - legal entities is provided in appendix 5 to Rules.

14. The main requirements to the business plan of the insurance (reinsurance) organization are provided in appendix 6 to Rules.

The business plan developed for the next three years for the insurance (reinsurance) organizations created in industry "general insurance" and for five years for the insurance (reinsurance) organizations created in industry "life insurance" affirms person authorized by founders on signing of documents, is certified by the actuary having the license for implementation of actuarial activities in the insurance market.

15. The documents issued by body of financial supervision, other competent authorities or officials of foreign states are subject to legalization or apostilization according to the international treaties ratified by the Republic of Kazakhstan (except for identity documents of the physical person - the nonresident of the Republic of Kazakhstan).

The documents submitted in foreign language are translated into the Kazakh and Russian languages and are subject to the notarial attestation according to article 80 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate".

Appendix 1

to Rules and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also requirements to contents of documents

Form

The statement on receipt of permission to creation of the insurance (reinsurance) organization

IN ____________________________________________________________________________
                   (full name of authorized body)

from ___________________________________________________________________________
    (surname, name, middle name (in case of its availability) the shareholder (the shareholder's representative
           (shareholders), the name of the shareholder - the legal entity)

______________________________________________________________________________
 (the reference on notarially or otherwise the certified document, confirmatory
    powers of the applicant on submission of this statement on behalf of founders)

I ask to issue permission to creation

______________________________________________________________________________
(full name and the location of the created insurance (reinsurance) organization)

Information about the applicant:

1) residence (location) _____________________________________
                                                   (postal address)

2) individual identification number (business - identification number)

____________________________________________________________________________

3) e-mail _______________________________________________________

4) ________________________________________________________________ phones

5) surname, name, middle name (in case of its availability) and position of the representative of the applicant -

legal entity __________________________________________________________

Activity: __________________________________________________
                               (specify industry, classes and types of insurance)

I provide the consent to collection and processing of personal data (for applicants -
physical persons). I provide consent to use of data, components
the secret protected by the law, containing in information systems.

____________________________________________________________________________
(the digital signature of the applicant (the applicant's representative - the legal entity)

Appendix 2

to Rules and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also requirements to contents of documents

Standard of the state service "Issue of Permission to Creation of the Insurance (Reinsurance) Organization, Opening of Branch of the Insurance (Reinsurance) Nonresident Organization of the Republic of Kazakhstan"

1.

Name of the service provider

Agency of the Republic of Kazakhstan on regulation and development of the financial market (further - authorized body).

2.

Methods of provision of the state service

The web portal of "the electronic government" www.egov.kz (further – the portal).

3.

Term of rendering the state service

Within 50 (fifty) working days from the date of the address on the portal.

4.

Form of rendering the state service

Electronic (completely automated) / rendered by the principle of "one statement".

5.

Result of rendering the state service

The notification on issue of permission to creation of the insurance (reinsurance) organization with appendix of permission in form according to appendix 3 to Rules or the motivated answer about refusal in rendering the state service with application of a copy of the relevant resolution of Board of authorized body.
Form of provision of result of rendering the state service - electronic.

6.

The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan

The state service is rendered on free basis.

7.

Working schedule

1) authorized body – Monday through Friday according to the established working schedule from 9:00 till 18:30 o'clock, except for days off and holidays, according to the Labor code of the Republic of Kazakhstan of November 23, 2015 (further - the Code) with lunch break from 13:00 to 14:30 o'clock;
2) the portal – round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the Code reception of applications and issue of results of rendering the state service is performed the next working day).

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