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

of September 20, 2021 No. 93

About modification of some regulatory legal acts of the Republic of Kazakhstan on questions voluntarily and compulsorily liquidated banks, voluntarily and the branches of nonresident banks of the Republic of Kazakhstan which are compulsorily stopping activities

According to item 4 of Article 69, Item 1 of Article 74, the subitem 2) Item 1 of Article 74-4, Items 3, the 5 and 7 article 74-5 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan on questions voluntarily and compulsorily liquidated banks, voluntarily and the branches of nonresident banks of the Republic of Kazakhstan which are compulsorily stopping activities to which changes, according to appendix to this resolution are made.

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 ten calendar days after day of its first official publication.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of September 20, 2021 No. 93

The list of regulatory legal acts of the Republic of Kazakhstan on questions voluntarily and compulsorily liquidated banks, voluntarily and the branches of nonresident banks of the Republic of Kazakhstan which are compulsorily stopping activities to which changes are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 297 "About establishment of features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities" (it is registered in the Register of state registration of regulatory legal acts at No. 18176) the following changes:

state preamble in the following edition:

"According to item 4 of Article 69 and Item 3 of article 74-5 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Features of activities of liquidation commissions of voluntarily liquidated banks and branches of the nonresident banks of the Republic of Kazakhstan established by the specified resolution which are voluntarily stopping activities:

state Item 12 in the following edition:

"12. The liquidation commission submits in authorized body reports on the done work and the additional information according to the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of December 14, 2020 No. 116 "About approval of form, terms and frequency of provision by liquidation commissions of reports and the additional information voluntarily and compulsorily liquidated banks, voluntarily and the branches of nonresident banks of the Republic of Kazakhstan which are compulsorily stopping activities", registered in the Register of state registration of regulatory legal acts at No. 21834.";

state Item 32 in the following edition:

"32. Storage of cash and values, and also conducting cash transactions and documents are performed by liquidation commission according to requirements, statutory rules of implementation of cash transactions and transactions for collection of banknotes, coins and values in banks of the second level, branches of nonresident banks of the Republic of Kazakhstan, the National operator of mail and legal entities whose exclusive activities is collection of banknotes, coins and values, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2019 No. 231, registered in the Register of state registration of regulatory legal acts at No. 19680, and applied to bank in the part corresponding to process of voluntary liquidation of bank, the branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities.";

state Item 53 in the following edition:

"53. Presentation of claims (statements) by creditors, their consideration and acceptance by liquidation commission, and also forming of the interim liquidation balance sheet of bank are performed according to requirements of Items 81, of 82, of 83, of 84, of 85, of 86, of 87, of 88, of 90, of 91, of 92 and 94 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 the nonresident banks 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 November 30, 2020 No. 114, registered in the Register of state registration of regulatory legal acts at No. 21716 (further – Rules No. 114).".

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