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The document ceased to be valid since September 21, 2021 according to Item 2 of the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of July 16, 2021 No. 80

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

of February 24, 2021 No. 41

About approval of Rules of issue 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 bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits

According to article 74-5 of 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 the enclosed Rules of issue 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 bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits.

2. 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 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

 

 

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 24, 2021 No. 41

Rules of issue 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 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 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 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 article 74-5 of 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), 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 the financial organizations" and determine procedure for issue by authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body) permissions 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 bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits (further - permission).

Chapter 2. Approval procedure on the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan

2. The nonresident bank of the Republic of Kazakhstan addresses to authorized body for receipt of permission in case of accomplishment of the conditions specified in Item 3 of article 74-5 of the Law on banks.

For receipt of permission the nonresident bank of the Republic of Kazakhstan represents to authorized body the petition for issue of permission to the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan in form according to appendix 1 to Rules (further - the Petition) with appendix of the following documents:

1) the decision of relevant organ of management of nonresident bank of the Republic of Kazakhstan on the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan with indication of the activities termination reasons;

2) the copy of the agreement on transfer of deposits of physical persons and the delivery-acceptance certificate of deposits of physical persons and (or) transfer to bank or branch of nonresident bank of the Republic of Kazakhstan, being participants of system of obligatory guaranteeing deposits;

3) the list of actions with indication of terms and stages of preparation for the termination of activities of branch of nonresident bank of the Republic of Kazakhstan (the plan of the main actions for the termination of activities of branch of nonresident bank of the Republic of Kazakhstan) approved by the decision of relevant organ of management of nonresident bank of the Republic of Kazakhstan.

3. The petition with the documents attached to it are represented on paper.

The petition according to Item 2 of article 69 of the Law on banks is considered by authorized body within 2 (two) months from the date of adoption properly of the processed documents.

4. In case of factual determination of incompleteness of the submitted documents by nonresident bank of the Republic of Kazakhstan, the authorized body within 15 (fifteen) calendar days from the moment of their obtaining directs motivated refusal in further review of the statement.

5. The authorized body does not take cognizance of the documents provided by Rules, having erasures, additions or the crossed-out words.

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