of February 23, 2007 No. 49
About approval of Rules of maintaining documentation on crediting
For the purpose of enhancement of the regulatory legal acts regulating activities of banks of the second level, Board of the Agency of the Republic of Kazakhstan for regulation and supervision of the financial market and the financial organizations (further - the Agency) DECIDES:
1. Approve Rules of maintaining documentation on crediting according to appendix 1 to this resolution.
2. Recognize invalid regulatory legal acts according to appendix 2 to this resolution.
4. 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, banks of the second level of the Republic of Kazakhstan and Consolidation of legal entities "The association of financiers of Kazakhstan".
5. To department of the international relations and public relations (Pernebayev T. Sh.) take measures to the publication of this resolution in mass media of the Republic of Kazakhstan.
6. To impose control of execution of this resolution on the vice-chairman of the Agency Bakhmutova E. L.
to 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 February 23, 2007 No. 49
These rules of maintaining documentation on crediting are developed according to the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" for the purpose of enhancement of management system credit risk and determine procedure for maintaining by the organizations which are performing separate types of banking activities, having the license for implementation of banking loan activities, banks of the second level, including Islamic banks and Development Bank of Kazakhstan joint-stock company (further - bank), documentation on crediting and the list of necessary documents.
1. For the purposes of these rules the following concepts are used:
1) agent bank - bank to which members of bank syndicate charge to represent the interests and also to provide services in credit administration concerning syndicated loan during all term of its action;
1-1) syndicates of banks - two and more banks joint with the purpose of carrying out joint credit operations and decrease in possible losses for each participant in case of insolvency of the borrower, when preserving legal and financial independence of the banks entering into syndicate;
1-2) borrowers - the physical person or legal entity which is signing the loan agreement (credit), obtained loan (credit) and assuming liabilities on return of the received money and complete payment of the obtained loan (credit), including remuneration and other payments on the credit;
1-3) investment loans (credit) - I will jam (credit), conforming to the following requirements:
loan term five and more years;
terms of the contract of loan establish prohibition on complete early repayment. Partial repayment of loan can be performed in the terms and procedure provided by the business plan of the borrower;
the loan is granted the legal entity according to its business plan providing realization of complex of the actions directed to creation, expansion and upgrade of production of goods, production and transport infrastructure;
1-4) Islamic banks - the bank of the second level performing the banking activity provided by Chapter 4-1 of the Law based on the license of authorized body;
2) the credit (loan) - implementation of banking loan, leasing, factoring, forfaiting activities by bank, implementation by Islamic bank of the transactions specified in subitems 3), 4) and 5) of Item 1 of article 52-5 of the Law and also accounting of bills of exchange (for the organizations which are performing separate types of banking activities, and having the license for implementation of banking loan activities the credit is understood as implementation of banking loan activities);
3) the agreement on loan granting (the agreement of bank loan) - the agreement according to which the bank grants the loan within implementation of banking loan, leasing, factoring, forfaiting, accounting activities, and also the agreement signed by Islamic bank within implementation:
banking loan activities: loan granting in cash on the terms of urgency, recoverability and without remuneration collection;
financings of trading activity as the reseller with provision of commercial credit;
financings of productive and trading activity by participation in the authorized capital of legal entities and (or) on the terms of partnership;
investing activities on the terms of leasing (lease);
4) remuneration on the credit - the payment for granted loan determined in percentage expression to credit amount at the rate of the annual size of the money which is due to bank or in the form of markup on goods by provision of commercial credit by Islamic bank;
5) credit line - the obligation of bank to credit the borrower on the conditions allowing the borrower most to determine time of receipt of the credit, but within the amount and time determined by rules about domestic credit policy of bank for such form of crediting and the agreement;
6) loan repayment - return of credit amount and rate of remuneration on it (the markup size by provision of commercial credit by Islamic bank);
7) credit amount - the amount of money provided by bank on credit;
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