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

of October 28, 2022 No. 81

About approval of Rules of issue of consent to appointment (election) of the leading employee of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan, including the criteria of lack of faultless goodwill, documents necessary for receipt of consent, Features on availability of working life for the candidates having the professional qualification confirmed with international certificates and the list of such certificates

Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve:

1) Rules of issue of consent to appointment (election) of the leading employee of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan, including the criteria of lack of faultless goodwill, documents necessary for receipt of consent according to appendix 1 to this resolution;

2) Features on availability of working life for the candidates having the professional qualification confirmed with international certificates and the list of such certificates according to appendix 2 to this resolution.

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.

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 digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix 1

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 28, 2022 No. 81

Rules of issue of consent to appointment (election) of the leading employee of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan, including the criteria of lack of faultless goodwill, documents necessary for receipt of consent

Chapter 1. General provisions

1. These rules of issue of consent to appointment (election) of the leading employee of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan, including criteria of lack of faultless goodwill, the documents necessary for receipt of consent (further – Rules), are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK), the laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), "About state regulation, control and supervision of the financial market and the financial organizations" (further – the Law on state regulation), "About the state services" (further – the Law on the state services).

Rules determine procedure for issue by authorized body by regulation, control and supervision of the financial market and the financial organizations (further – authorized body, the service provider) the consent to appointment (election) of the leading employee of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan, including the criteria of lack of faultless goodwill, documents necessary for receipt of consent.

2. The concepts used in Rules are applied in the values specified in the Law on banks, the Law of the Republic of Kazakhstan "About the electronic document and the digital signature", the Law on state regulation, the Law on the state services.

3. The authorized body sends to the bank address, the bank holding, branch of nonresident bank of the Republic of Kazakhstan and (or) physical person having intention to hold leading employee position in specified persons, the nonresident bank of the Republic of Kazakhstan opening branch in the territory of the Republic of Kazakhstan (further – uslugopoluchatel) the letter containing data on the issued consent to appointment (election) of the candidate for leading employee position of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan (further – consent) and about its inclusion in the register of the operating soglasiya on appointment (election) of leading employees of banks, branches of nonresident banks of the Republic of Kazakhstan, bank holdings (further – the register of the operating soglasiya) in case of compliance of the physical person having intention to hold leading employee position of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan or person the member of governing body of bank or bank holding, or the leading employee of the legal entity acquiring the status of bank holding according to article 17-1 of the Law on banks elected to position (further – the candidate) to requirements, the stipulated in Clause 20 Laws on banks, the subitem 20) Articles 1, item 4 of Article 54, Item 2 of article 59 of the Law of the Republic of Kazakhstan "About joint-stock companies" (further – the Join-stock companies law), article 9 of the Law of the Republic of Kazakhstan "About financial accounting and the financial reporting" (further – the Law on financial accounting) and Rules.

The leading employee of bank, bank holding, branch of nonresident bank of the Republic of Kazakhstan having the operating consent holds the leading employee position provided in Items 1, of the 1-1 and 14 article 20 of the Law on banks on which it was approved within banking sector of the financial market, without repeated coordination on condition of compliance to the requirements established by the regulatory legal acts of the Republic of Kazakhstan specified in part one of this Item and Rules.

4. For the purposes of the subitem 3) of Item 3 of article 20 of the Law on banks criteria of lack of faultless goodwill, including professionalism and conscientiousness, are:

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