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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 November 22, 2022 No. 93

About approval of Rules of issue of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank, and also the list of the documents necessary for issue of permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank, application forms for receipt of permission, permission of authorized body to converting of the microfinancial organization in bank and forms of data

(as amended on 22-12-2023)

According to subitem 4-5) of part one of article 27 of the Law of the Republic of Kazakhstan "About microfinancial activities" 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 permission to voluntary reorganization of the microfinancial organization in the form of converting in bank according to appendix 1 to this resolution;

2) the List of the documents necessary for issue of permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank according to appendix 2 to this resolution;

3) the Application form for receipt of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank according to appendix 3 to this resolution;

4) the Form of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank according to appendix 4 to this resolution;

5) the Form of information about the shareholder – the physical person holding shares of the microfinancial organization in the amount of less than 10 (ten) percent in form according to appendix 5 to this resolution;

6) the Form of information about the shareholder – the legal entity holding shares of the microfinancial organization in the amount of less than 10 (ten) percent in form according to appendix 6 to this resolution.

2. To provide to department of methodology and prudential regulation of the financial organizations 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 sixty 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 national economy of the Republic of Kazakhstan

"___" _____________ 2022

 

It is approved

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

"___" _____________ 2022

 

Appendix 1

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of November 22, 2022 No. 93

Rules of issue of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank

Chapter 1. General provisions

1. These rules of issue of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank (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 microfinancial activities" (further – the Law on microfinancial activities), "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", "About the state services" (further – the Law on the state services), "About permissions and notifications" (further – the Law on permissions) and 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) permissions to voluntary reorganization of the microfinancial organization in the form of converting in bank (further – permission to converting, the state service).

Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body, goes to Single contact center within 3 (three) working days after state registration in judicial authorities of the corresponding regulatory legal act.

2. In Rules the concepts applied in the values specified in the Law on microfinancial activities, the Law on banks, the Law on the state services and the Law on permissions are used.

3. The list of the main requirements to rendering the state service is given in appendix to Rules.

Chapter 2. Approval procedure on voluntary reorganization of the microfinancial organization in the form of converting in bank

4. For receipt of permission to converting the applicant submits in authorized body the application for receipt of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank in form according to appendix 3 to this resolution (further - the statement), with application of documents and the data provided in Item 8 of the List of the main requirements to rendering the state service according to appendix to Rules and the List of the documents necessary for issue of permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank according to appendix 2 to this resolution.

5. The statement with the documents attached to it are represented on paper.

The authorized body does not take cognizance of the documents having erasures, additions or the crossed-out words and other corrections which are not stipulated in them.

6. The documents issued by competent authorities or officials of foreign states are subject to legalization or apostilization according to the requirements of the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan (except for identity documents of the physical person – the nonresident of the Republic of Kazakhstan). The specified documents submitted in foreign language are translated on Kazakh and, if necessary, Russian languages also are subject to the notarial attestation according to the legislation of the Republic of Kazakhstan on notariate.

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