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RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of June 2, 2022 No. 2022-P-12/35-1-(NPA)

About approval of the Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors

According to articles 20 and 68 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity" the Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors according to appendix to this resolution.

2. To the commercial banks and microfinance companies attracting deposits in three-months time to bring the databases into accord with requirements of this resolution.

3. To the housing and savings credit companies till the fourth quarter 2022 to bring the databases into accord with requirements of this resolution.

4. This resolution becomes effective after three months from the date of official publication.

5. To legal management:

- publish this resolution on the official website of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for entering into the State register of regulatory legal acts of the Kyrgyz Republic.

6. To management of methodology of supervision and licensing of banks to bring this resolution to the attention of commercial banks, OYuL "Union of Banks of Kyrgyzstan", microfinance companies attracting deposits and the housing and savings credit companies, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

7. To impose control of execution of this resolution on the board member of the National Bank of the Kyrgyz Republic supervising management of methodology of supervision and licensing of banks.

Chairman of National Bank of the Kyrgyz Republic

K. Bokontayev

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of June 2, 2022 No. 2022-P-12/35-1-(NPA)

The instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors

Chapter 1. General provisions

1. This Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits (further - bank) before investors (further - the Instruction) is developed according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)" and regulatory legal acts of National Bank of the Kyrgyz Republic (further - National Bank).

2. The banks performing the activities based on the license of National Bank need to keep the database according to this Instruction.

3. In this Instruction the determinations stated in conceptual framework of the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)" are used.

Chapter 2. Forming of the database about obligations of bank to investors

4. The bank needs to create and support on permanent basis the automated database for accounting of deposits (deposits) of the physical persons and individual entrepreneurs which are subject to compensation according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)", including accounting on the amounts of the guaranteed compensation on deposits (deposits) (further - the database).

5. The database is kept by bank on daily basis and is subject to the code as of 1 number of every month and for date of approach of warranty case, according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)".

6. The data created according to this Instruction are the basis for determination and forming of the amount which is subject to compensation payment to bank depositors in case of approach of warranty case.

Besides, the database shall be created and be provided by bank for determination of the amount of the means which are subject to protection in case of restructuring of bank according to requirements of the bank law.

7. Forming of the database according to this Instruction provides that in case of approach of warranty case the amount which is subject to payment to the investor decreases by the amount of remaining balance on the overdue loans issued to the investor and the overdue guarantees provided by bank at the request of the investor if on these overdue loans and warranties disputes or legal proceedings are not had (further - overdue demands in reconvention).

8. The database shall be created in the XML and XLS formats according to Appendix 1 to this Instruction with possibility of automatic unloading of data. At the same time such main criteria as reliability, functionality, safety and reliability shall be observed. Besides, general requirements to the electronic databases, programs provided by regulatory legal acts of National Bank of the Kyrgyz Republic shall be observed.

9. The table "Data on the Deposits (Deposits) of the Physical Persons and Individual Entrepreneurs Which Are Subject to Compensation Placed in Bank" (Appendix 1 to this Instruction) is filled in according to Procedure, specified in Appendix 2.

10. In each bank the employee responsible for implementation of verification of the database regarding its correctness and compliance of the Instruction shall be appointed. On quarterly basis the responsible of bank shall send the report on results of the above-stated check to management of bank.

11. The management of bank bears responsibility for accuracy of the information reflected in the database about obligations of bank to investors.

Chapter 3. Final provisions

12. In case of approach of warranty case the temporary administrator / liquidator within 10 (ten) calendar days after approach of warranty case shall provide in Agency on protection of deposits information on deposits of physical persons and individual entrepreneurs calculated according to requirements of this Instruction which are subject to compensation according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)".

13. On the basis of the database created according to requirements of this Instruction, the Agency determines and creates the amounts which are subject to compensation payment to investors - to physical persons and individual entrepreneurs of bank in case of approach of warranty case.

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