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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2022 No. 614

About approval of Rules of payment of compensation (premium) to the deposits of physical persons placed in national currency (tenge)

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of payment of compensation (premium) to the deposits of physical persons placed in national currency (tenge).

2. Determine Fund of the Problem Credits joint-stock company the organization performing transfer to participating banks of payments of compensation (premium) to the deposits of physical persons placed in national currency (tenge).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Smailov

Approved by the Order of the Government of the Republic of Kazakhstan of August 27, 2022 No. 614

Rules of payment of compensation (premium) to the deposits of physical persons placed in national currency (tenge)

Chapter 1. General provisions

1. These rules of payment of compensation (premium) to the deposits of physical persons placed in national currency (tenge) (further – Rules) determine payment procedure of compensation (premium) to the deposits of physical persons placed in national currency (tenge).

2. For the purposes of these rules the following concepts and reducings are used:

1) the depositor (investor) – the physical person who is the resident and the nonresident of the Republic of Kazakhstan including the subject of individual entrepreneurship, the private notary, the private legal executive, the lawyer, professional mediator;

2) the financial automated system of transport of information (further – FASTI) – special electronic communication channel of the republican state company on the right of economic maintaining the "Kazakhstan center of interbank calculations of National Bank of the Republic of Kazakhstan" having necessary protection against unauthorized access to the sent documentation;

3) participating bank – bank (branch of nonresident bank of the Republic of Kazakhstan), being the participant of system of obligatory guaranteeing deposits whose obligations on return of the attracted deposits are guaranteed according to the Law of the Republic of Kazakhstan "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan";

4) Fund - "Kazakhstan Fund of Guaranteeing Deposits" joint-stock company;

5) Fund of stability – the affiliated organization of National Bank of the Republic of Kazakhstan – the Kazakhstan Fund of Stability joint-stock company performing transfer to participating banks of compensation amount (premium) to the compensated deposits;

6) the compensated deposit – savings or term deposit, including the educational accumulation deposits determined according to the Law of the Republic of Kazakhstan "About the State educational accumulative system", and the housing construction savings determined by the Law of the Republic of Kazakhstan "About housing construction savings in the Republic of Kazakhstan", placed by the depositor (investor) in national currency (tenge) in participating bank on the savings bank account;

7) compensation (award) – the amount of money paid to the depositor (investor) on its compensated deposit according to the procedure, the provided these rules;

8) Fund of the Problem Credits joint-stock company (further – JSC FPK) – the organization specializing in improvement of quality of credit portfolios of banks of the second level according to article 5-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan";

9) housing construction savings bank – the bank performing activities, the stipulated in Article 5 Laws of the Republic of Kazakhstan "About housing construction savings".

Chapter 2. Payment procedure of compensation (award)

3. Payment of compensation (award) is performed on the compensated deposits.

Payment of compensation is not performed on the following deposits: on-demand deposits, to conditional deposits and current bank accounts.

Payment of compensation (award) to the depositor (investor) is performed on amount of money on the compensated deposit existing as of the end of operational day on February 23, 2022 within 20 000 000 (twenty million) tenges in each participating bank.

In the presence at the depositor (investor) more than one compensated the deposit in one participating bank payment of compensation (award) are performed for the total amount of money within 20 000 000 (twenty million) tenges on the compensated deposits in such participating bank.

4. Payment of compensation (award) is performed after the expiration of 12 (twelve) months from the date specified in part three of Item 3 of these rules taking into account the terms provided by Items 10, of 11, of 12 and 13 these rules.

5. Payment of compensation (award) is performed on the compensated deposits of depositors (investors) corresponding during the period specified in item 4 of these rules, in total to the following conditions:

the term of the compensated deposit did not expire or one was extended or several times for term at least till February 23, 2023 inclusive;

complete withdrawal of the compensated deposit was not performed, including the bank deposit agreement was not ahead of schedule stopped.

If the term of the compensated deposit expired and was not prolonged during the period from February 24, 2022 to October 1, 2022 inclusive, money transfer from such compensated deposit on the new compensated deposit(s) in the same participating bank is allowed with the consent of the investor provided that such transfer is made from the savings account, including the account "On-demand deposits of physical persons", or the current account of the depositor (investor), in case of return of money by participating bank in connection with expiration of the compensated deposit existing for the end of operational day on February 23, 2022.

Complete withdrawal of the deposit / early termination of bank deposit agreement transfer by participating bank of obligations to depositors within reorganization and the translation of debt is not considered as.

For housing construction savings bank within these rules are not considered as deposit withdrawal:

1) non-paid concession of the rights the investor under the agreement on housing construction savings;

2) combination (deposits) of deposits;

3) pledge of the deposit (contribution) for the purpose of obtaining intermediate housing, preliminary housing loans, including according to obligations of the third parties;

4) division of the deposit (contribution).

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