of September 23, 2006 No. 211
About approval of Rules of carrying out tender at the choice of agent bank and requirements imposed to agent bank
For the purpose of realization of Item 1 of article 20 of the Law of the Republic of Kazakhstan "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations (further - the Agency) DECIDES:
1. Approve the enclosed Rules of carrying out tender at the choice of agent bank and requirements imposed to agent bank.
2. This resolution becomes effective since January 1, 2007.
3. To department of supervision of banks (Rayeva R. E.):
1) together with Legal department (Baysynov M. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;
2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution to bring it to the attention of the interested divisions of the Agency, Consolidation of legal entities "The association of financiers of Kazakhstan" and "Kazakhstan Fund of Guaranteeing Deposits" Joint-stock company.
4. To department of the international relations and public relations (Pernebayev T. Sh.) provide the publication of this resolution in mass media of the Republic of Kazakhstan.
5. To impose control of execution of this resolution on the vice-chairman of the Agency Bakhmutova E. L.
Chairman
A. Dunayev
Approved by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of September 23, 2006 No. 211
These rules are developed 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" (further - the Law) and determine procedure for carrying out tender at the choice of bank(s) of the second level (further - agent bank) for performing procedures by payment of warranty compensation to depositors of bank, being the participant of system of obligatory guaranteeing deposits, (daleebank-participating) in case of its involuntary liquidation, and also requirements imposed to agent bank.
1. Carrying out tender at the choice of agent bank is aimed at providing the right of depositors physical persons to receipt of warranty compensation on the deposits which are subjects to obligatory guaranteeing deposits according to the Law (daleegarantiruyemy deposits).
2. The organization performing obligatory guaranteeing deposits chooses agent bank on competitive basis from among participating banks. If necessary several agent banks for payment of warranty compensation can be chosen.
3. Following the results of tender the organization performing obligatory guaranteeing deposits signs with agent bank the agreement according to which the agent bank from name and at the expense of the organization performing obligatory guaranteeing deposits pays warranty compensation on the guaranteed deposits in case of involuntary liquidation of one of participating banks.
4. Remuneration for services of agent bank by the organization performing obligatory guaranteeing deposits is not paid.
5. If any of banks will not conform to requirements imposed to agent bank, the organization performing obligatory guaranteeing deposits pays warranty compensation through the National operator of mail.
6. The following requirements are imposed to the bank which showed willingness to participate in tender at the choice of agent bank, (further - applicant bank):
1) participation in system of obligatory guaranteeing deposits;
2) availability of the license for carrying out cash transactions;
3) accomplishment of the prudential standard rates and minimum reserve requirements established by National Bank of the Republic of Kazakhstan within six last months preceding date of submission of the bid on participation in tender (further - the bid);
4) lack of the operating administrative punishments for the administrative offenses provided by parts six, the eighth Article 213, article 227 of the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (further - the Code of Administrative Offences), measures of supervising reaction (except referral measures of supervising reaction) and the sanctions applied by National Bank of the Republic of Kazakhstan for date of submission of the bid on participation in tender at the choice of agent bank;
5) availability at applicant bank of branches (their rooms) in places, necessary for payment to depositors of warranty compensation;
6) representation by applicant bank of the bid meeting the requirements of Items 15 and 16 of these rules.
7. Competition at the choice of agent bank is held by the organization performing obligatory guaranteeing deposits within fifteen calendar days from the date of decision of court about involuntary liquidation of participating bank.
8. For carrying out tender at the choice of agent bank the organization performing obligatory guaranteeing deposits forms the contest committee.
9. The chairman, the vice-chairman and members of the contest committee are part of the contest committee. The total quantity of members of the contest committee constitutes five people.
The meeting of the contest committee is held on condition of participation at least four of her members, including the chairman of the contest committee or his deputy. Decisions of the contest committee are made by a simple majority vote from number of the members of the contest committee participating in meeting. In case of equality of votes the voice of the chairman of the contest committee (in case of its absence - the vice-chairman) is decisive.
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The document ceased to be valid since January 1, 2020 according to Item 1 of the Resolution of Board of National Bank of the Republic of Kazakhstan of November 19, 2019 No. 196