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

of December 27, 2024 No. 92

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market

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

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes, according to appendix to this resolution are made.

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 ten calendar days after day of its first official publication.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of December 27, 2024 No. 92

The list of regulatory legal acts of the Republic of Kazakhstan on concerning regulation of the financial market to which changes are made

1. Bring in 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 March 29, 2010 No. 41 "About approval of Rules and method of calculation of values of prudential standard rates for the organizer of the biddings" (it is registered in the Register of state registration of regulatory legal acts at No. 6207) the following changes:

state preamble in the following edition:

"For the purpose of implementation of the subitem 11) of Item 2 of article 3 of the Law of the Republic of Kazakhstan "About the security market" the 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:";

in Rules and method of calculation of values of prudential standard rates for the organizer of the biddings approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules and method of calculation of values of prudential standard rates are developed for the organizer of the biddings according to the laws of the Republic of Kazakhstan "About the security market", "About state regulation, control and supervision of the financial market and the financial organizations" and establish procedure and method of calculation of values of prudential standard rates for the organizer of the biddings.

These rules extend to the organizer of the biddings whose at least twenty five percent from total quantity of voting shares belong to National Bank of the Republic of Kazakhstan regarding requirements, stipulated in Item 3.";

state appendix 1 in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes are made (further - the List).

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 304 "About establishment of normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, requirements, obligatory to observance, to the shares acquired by the insurance (reinsurance) organizations, the affiliated organizations of the insurance (reinsurance) organizations or insurance holdings (to shares in the authorized capital) legal entities, the list of bonds of the international financial institutions acquired by insurance holdings, the minimum required rating for the bonds acquired by insurance holdings and the list of rating agencies, and also the list of financial instruments (except for shares and shares in the authorized capital), acquired by the insurance (reinsurance) organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 14794) the following changes:

in the Normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, obligatory to observance, approved by the specified resolution:

in Item 38:

11) to state the subitem in the following edition:

"11) the debt securities issued by joint-stock companies "Development Bank of Kazakhstan", "National welfare fund "Samruk-Kazyna", "National Managing Holding "Bayterek", "Fund of the Problem Credits" and Eurasian Development Bank according to the Legislation of the Republic of Kazakhstan and Other States;";

15) to state the subitem in the following edition:

15) the non-state debt securities issued by the international financial institutions having the international rating is not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies, and also debt securities issued by Eurasian Development Bank;";

state appendix 4 in edition according to appendix 2 to the List;

state appendix 5 in edition according to appendix 3 to the List;

To state the list of bonds of the international financial institutions acquired by insurance holdings, approved by the specified resolution in edition according to appendix 4 to the List;

To state the list of the financial instruments (except for shares and shares in the authorized capital) acquired by the insurance (reinsurance) organizations, approved by the specified resolution in edition according to appendix 5 to the List.

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of January 31, 2019 No. 8 "About approval of Rules of application (establishment) of conservation regime of banks of the second level" (it is registered in the Register of state registration of regulatory legal acts at No. 18291) the following changes:

state preamble in the following edition:

"According to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Rules of application (establishment) of conservation regime of the banks of the second level approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of application (establishment) of conservation regime of banks of the second level (further – Rules) are developed according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks) and determine procedure for application (establishment) for conservation regime of banks of the second level (further – bank).";

state Items 7 and 8 in the following edition:

"7. The temporary administration on bank management (the interim manager bank) in day of creation of the act of hindrance directs it to authorized body for decision making about initiation of proceedings about administrative offense according to article 462 of the Code of the Republic of Kazakhstan about administrative offenses.

The copy of the statement of hindrance which is drawn up and signed by the member of temporary administration in the region goes to the head of temporary administration on bank management (to the interim manager bank).

8. The temporary administration on bank management (the interim manager bank) after the appointment performs the following operations:

1) performs if necessary replacement of keys, locks from rooms, buildings, gate, metal cases, safes in which admission is performed with use of special devices;

2) informs within 1 (one) working day from the date of appointment registering bodies, the central depositary and stock exchange on the decision of authorized body on carrying out preservation for the purpose of establishment of prohibition on registration of the transactions on property acquisition of bank made not by temporary administration on bank management (to interim managers bank), and also on removal of encumbrance from property which pawnbroker is the bank;

3) within 1 (one) working day appeals to authorized body about replacement of the keys and passwords used for protection of electronic documents and access to the automated systems of bank;

4) within 3 (three) working days addresses to the bodies which imposed encumbrances with the petition for removal of encumbrances from property of bank according to the fulfilled obligations and from property which pawnbroker is the bank;

5) within 3 (three) working days informs banks in which there are bank accounts about the decision of authorized body on carrying out preservation concerning bank, about implementation of account transactions according to bank accounts only by temporary administration on bank management (to interim managers bank) and about need of submission of statements according to bank accounts;

6) within 3 (three) working days is determined by the group of people, bearing full financial responsibility, including persons having access to the automated information system of conducting financial accounting and creation of financial and other reporting of bank;

7) within 3 (three) working days performs audit of cash desks, ATMs and other electronic terminals of bank and its branches, representations and other divisions with check of the cash and other values and documents which are in all of them, reconciliation of remaining balance of money on bank accounts (including in foreign banks) with accounting data of bank and draws up the relevant statements;

8) within 3 (three) working days represents to authorized body and banks in which there are bank accounts, the new document with specimen signatures of the head of temporary administration on bank management (the interim manager bank);

9) within 3 (three) working days repeals the powers of attorney which are earlier issued from bank name and also informs on it the physical persons and legal entities specified in powers of attorney;

Develops 10) within 10 (ten) working days and approves the plan of the main actions of preservation of bank for implementation of measures for settlement of insolvent bank (further – the plan of preservation);

11) within 20 (twenty) working days carries out inventory count of all assets and liabilities of bank reflected in balance and property of the bank considered on balance and off-balance sheet accounts including mortgage property, and documents of title on them, determines the actual remaining balance on balance and off-balance sheet accounts. The term of carrying out inventory count is prolonged taking into account nature and amount of work with the consent of authorized body.

Carrying out audit, inventory count, reception-transmission of property, documents of bank are performed according to Items 38, of 39, of 40, of 41, of 42, of 43, of 44 and 46 Rules of appointment and powers of temporary administration (the temporary administrator) of bank, insurance (reinsurance) organization approved by the resolution of Board of National Bank of the Republic of Kazakhstan of July 16, 2014 No. 147, registered in the Register of state registration of regulatory legal acts at No. 9711 (further – Rules No. 147).

The property which is not reflected in balance is specified in the inventory register and if necessary is subject to inclusion in balance on market value.

Assessment of the property revealed in inventory progress is carried out by the appraiser performing estimative activities according to the Law of the Republic of Kazakhstan "About estimative activities in the Republic of Kazakhstan".

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