of January 16, 2026 No. 258-VIII ZRK
About banks and banking activity in the Republic of Kazakhstan
In this Law the following basic concepts are used:
1) objects of informatization - the electronic information resources, the software, Internet resource and (or) information and communication infrastructure providing to bank, bank branch - the nonresident of the Republic of Kazakhstan, the organization performing separate types of banking activities, opportunity including to perform data exchange (data) with the client by means of application of the identification means provided by the Law of the Republic of Kazakhstan "About payments and payment systems";
2) the universal banking license - the license of authorized body granted to bank, bank branch - the nonresident of the Republic of Kazakhstan on implementation of banking and other activities;
3) the basic banking license - the license of authorized body granted to bank on implementation of banking and other activities taking into account the restrictions and features established by this Law for bank with the basic banking license;
4) control - opportunity to determine decisions of the legal entity or the organization, not being the legal entity, arising in the presence of one of the following conditions:
immediate and (or) indirect possession and (or) use, and (or) the order by one person of more than fifty percent of voting shares, shares, shares or other forms of equity in the legal entity or the organization, not being the legal entity;
opportunity availability at one person directly or indirectly to choose at least a half of structure of governing body or executive body of the legal entity or the organization, not being the legal entity;
inclusion of the financial reporting of the legal entity, except for the financial reporting of the special finance company created according to the legislation of the Republic of Kazakhstan on project financing and securitization, or the organization not being the legal entity, in the financial reporting of other legal entity or the organization, not being the legal entity, according to the audit report;
opportunity availability at one person independently or together with one or several persons to determine decisions of the legal entity or the organization, not being the legal entity, owing to the agreement (supporting documents) or otherwise in the cases established by authorized body;
5) bank - the legal entity created in form of business of joint-stock company, being the commercial organization, competent to perform banking activity based on the banking license according to this Law;
6) electronic trading platform selling bank and microfinancial assets - the Internet resource providing infrastructure for tendering, operating according to the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
7) banking conglomerate - the group of the legal entities and the organizations who are not legal entities, consisting of bank holding (in the presence) and bank, and also the affiliated organizations of bank holding and (or) the affiliated organizations of bank, and (or) the organizations in which the bank holding and (or) its affiliated organizations, and (or) bank have considerable equity participation (further - the organizations which are part of banking conglomerate).
The national managing holding, bank holding - the nonresident of the Republic of Kazakhstan, and also the affiliated organizations and the organizations in which bank holding - the nonresident of the Republic of Kazakhstan has considerable equity participation, being nonresidents of the Republic of Kazakhstan are not part of banking conglomerate;
8) the banking license - the universal banking license, the basic banking license and (or) the license for implementation of Islamic banking and other activities;
9) the organization performing separate types of banking activities - the legal entity, not being bank which based on the license of authorized body or National Bank of the Republic of Kazakhstan or according to the laws of the Republic of Kazakhstan is competent to perform separate types of the banking activities provided by this Law;
10) the large member of bank - physical person or legal entity which according to written consent of authorized body has the right:
directly and (or) indirectly to own, use and dispose in total of ten or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank;
render directly and (or) indirectly influence on the decisions made by bank (to vote) in ten or more percent of voting shares of bank owing to the agreement (supporting documents) or otherwise in the cases established by authorized body.
The large member of bank are not recognized:
Government of the Republic of Kazakhstan;
national managing holding;
the single accumulation pension fund managing investment portfolio, holding voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, at the expense of pension assets;
person performing functions of the nominee holder of voting shares of bank and (or) the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, and also the issuer of the specified derivative securities;
person having rights only to receipt of dividends and (or) other share yield of bank without opportunity to exert impact on the decisions made by bank;
the other persons specified in Item 19 of article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
11) bank holding - the legal entity who according to written consent of authorized body has the right:
directly and (or) indirectly to own, use and dispose in total of twenty five or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank;
render directly and (or) indirectly influence on the decisions made by bank (to vote) in twenty five or more percent of voting shares of bank owing to the agreement (supporting documents) or otherwise in the cases established by authorized body.
Bank holding are not recognized:
Government of the Republic of Kazakhstan;
national managing holding;
the single accumulation pension fund managing investment portfolio, holding voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, at the expense of pension assets;
person performing functions of the nominee holder of voting shares of bank and (or) the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, and also the issuer of the specified derivative securities;
person having rights only to receipt of dividends and (or) other share yield of bank without opportunity to exert impact on the decisions made by bank;
the other persons specified in Item 19 of article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
12) governing body - the board of directors of joint-stock company or other similar body on competence, permanent in the legal entity;
13) the parent organization - the legal entity (the organization, not being the legal entity) exercising (exercising) control over other legal entity or other organization not being the legal entity;
14) the deposit - the money transferred by one person (depositor) to other person - to bank, bank branch - the nonresident of the Republic of Kazakhstan, to the National operator of mail or National Bank of the Republic of Kazakhstan on the terms of their return in nominal terms (except for the investment deposit within Islamic banking activities) irrespective of whether the specified money on the first demand of or through certain term, completely or in parts, with in advance stipulated allowance (remuneration) or without that (that), directly shall be returned to the depositor or the third party;
15) show-window of data - the structured data set of bank, bank branch - the nonresident of the Republic of Kazakhstan, organized and updated according to requirements of authorized body, intended for storage and transfer in the established format to authorized body for the purpose of supervision of activities of bank, bank branch - the nonresident of the Republic of Kazakhstan and (or) fulfillment of requirements on submission of the reporting;
16) the affiliated organization - the legal entity (the organization, not being the legal entity) in relation to whom, (which) other legal entity or the organization, not being the legal entity, exercises control;
17) indirect possession - opportunity to exert impact on decisions of the legal entity or the organization, not being the legal entity, the large member of the legal entity or the organization, not being the legal entity, and (or) persons who jointly are the large member of the legal entity or the organization, not being the legal entity, through ownership of voting shares, shares, shares or other forms of equity in the legal entity or the organization, not being the legal entity;
18) systemically significant bank - bank on which stable functioning stability of financial system in general depends;
19) the organization, not being the legal entity, - the fund, partnership, trust, the company, partnership, the organization or other corporate education created (registered) according to the legislation of foreign state, which are considered as independent forms of business irrespective of whether they have the status of the legal entity in foreign state;
20) Islamic bank - bank, competent to perform the Islamic banking activities which are core activity for the specified bank based on the license for implementation of Islamic banking and other activities;
21) the license for implementation of Islamic banking and other activities - the license of authorized body for implementation of Islamic banking and other activities issued to the Islamic bank, bank with the universal banking license performing Islamic banking activities, to branch of Islamic bank - the nonresident of the Republic of Kazakhstan, to bank branch - the nonresident of the Republic of Kazakhstan with the universal banking license, performing Islamic banking activities;
22) the bank with the universal banking license performing Islamic banking activities - bank, competent to perform banking and other activities based on the universal banking license, and also Islamic banking activities based on the license for implementation of Islamic banking and other activities;
23) bank branch - the nonresident of the Republic of Kazakhstan - separate division of bank - the nonresident of the Republic of Kazakhstan, not being the legal entity, located in the territory of the Republic of Kazakhstan, undergone accounting registration in The Government for Citizens State corporation and performing banking and other activities and (or) Islamic banking activities based on the banking license;
24) nonresidents of the Republic of Kazakhstan:
the foreigners and stateless persons which do not have permission to permanent residence in the Republic of Kazakhstan;
the legal entities and the organizations who are not legal entities, created according to the legislation of foreign states;
international organizations;
25) residents of the Republic of Kazakhstan:
citizens of the Republic of Kazakhstan;
the foreigners and stateless persons having permission to permanent residence in the Republic of Kazakhstan;
the legal entities created according to the legislation of the Republic of Kazakhstan;
the legal entities registered according to the law in force of the International financial center "Astana";
branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - nonresidents of the Republic of Kazakhstan;
26) authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) - the state body performing state regulation, control and supervision of the financial market and the financial organizations;
27) the trust management agreement of the rights (requirements) - the trust management agreement of the rights (requirements) for the agreement of bank loan, to the agreement on provision of the microcredit concluded between service company and person specified in Item 1 of article 63 of this Law or person specified in part one of Item 5 of article 9-1 of the Law of the Republic of Kazakhstan "About microfinancial activities" or the insurance (reinsurance) organization;
28) faultless goodwill - professionalism and conscientiousness of person, confirmable including lack of the facts:
making by the specified person of illegal actions (failure to act) which resulted in the insolvency which entailed involuntary liquidation of the financial organization or to application to bank of the mode of settlement;
not removed or unspent conviction of the specified person, including lack of the court resolution which took legal effect about application to person of criminal penalty in the form of deprivation of the right to hold leading employee position of the financial organization, bank and (or) insurance holding and to be the large member (large shareholder) of the financial organization for life;
availability of the relations with the third parties (control and influence of the third parties) whose actions promoted legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction based on data of authorized body on financial monitoring;
29) preposition of pledge of non-market assets - procedure for preliminary determination of the non-market assets of bank by authorized body acceptable for acceptance by National Bank of the Republic of Kazakhstan as a deposit, for the purpose of obtaining possibility by the specified bank of the loan of final instance provided by the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan";
30) service company - the affiliated organization for management of stressful assets, the collection agency having within the trust management agreement rights (requirements), powers on trust management of the rights (requirements) for the agreement of bank loan, the agreement on provision of the microcredit including in the relation:
changes of terms of the contract of bank loan, agreement on provision of the microcredit;
representations in court of interests of person with which the trust management agreement of the rights (requirements) is signed;
acceptance from the debtor of money and (or) other property;
other powers provided by this Law, other laws of the Republic of Kazakhstan and (or) the trust management agreement of the rights (requirements);
31) the liquidated bank - the bank which is in liquidation procedure according to the judgment which took legal effect about involuntary liquidation of bank or permission of authorized body to voluntary liquidation of bank;
32) insolvent or potentially insolvent bank - bank which assessment of viability confirms availability of one of the following circumstances:
excess of obligations of bank over assets of bank;
decrease in coefficients of sufficiency of equity and (or) liquidity rates of bank is up to one level lower than the minimum values established by authorized body;
inability bank to fulfill monetary commitments before depositors and (or) other creditors due to the lack or insufficiency of money;
essential shortcomings of corporate management and (or) risk management system and internal control of bank which significantly negatively influence financial stability of bank;
the essential misstatements in the regulatory or financial reporting of bank exerting significant negative impact on financial stability of bank, including the deliberate misstatement or non-recognition of losses, manipulation accounting policy which entailed considerable variation of provided information from the actual financial position of bank;
availability of the circumstances testimonial of threat of financial stability of bank, including essential deterioration in asset cost of bank;
availability of the bases established by this Law for deprivation of bank of the banking license on implementation of all transaction types;
availability of circumstances (data) specifying that any of the above-stated circumstances will come concerning bank within the next six months;
33) stabilization bank - the bank of the second level created for the purposes of transfer to it of all or parts of assets and liabilities of the bank which is in the settlement mode;
34) consumer bank loan - the bank loan of physical person granted on purchase of goods, works, services and (or) other purposes which are not connected with implementation of business activity, except for mortgage loan;
35) considerable equity participation of the organization - immediate and (or) indirect possession and (or) use, and (or) the order independently or together with one or several persons owing to the agreement (supporting documents) or otherwise in the cases established by authorized body, twenty and more percent of voting shares, shares, shares or other forms of equity in the legal entity or the organization not being the legal entity.
Person having considerable equity participation of the organization are not recognized:
Government of the Republic of Kazakhstan;
national managing holding;
affiliated organizations of National Bank of the Republic of Kazakhstan;
the single accumulation pension fund managing investment portfolio, holding voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, at the expense of pension assets;
other persons in the cases provided by this Law;
36) the large participant - the physical person, the legal entity, the organization, not being the legal entity which directly and (or) indirectly own and (or) use, and (or) dispose of ten or more percent of voting shares, shares, shares or other forms of equity in the legal entity or the organization, not being the legal entity.
The large member of the legal entity or the organization, not being the legal entity, are not recognized:
Government of the Republic of Kazakhstan;
national managing holding;
affiliated organizations of National Bank of the Republic of Kazakhstan;
the single accumulation pension fund managing investment portfolio, holding voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, at the expense of pension assets.
1. The bank law of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. The international agreements ratified by the Republic of Kazakhstan have priority before this Law. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.
1. Main objective of state regulation, control and supervision in the sphere of banking activity is ensuring financial stability of bank system of the Republic of Kazakhstan.
2. The main objectives of state regulation, control and supervision in the sphere of banking activity are:
1) establishment of the legal basis for functioning of bank system of the Republic of Kazakhstan;
2) regulation, control and supervision concerning banking activity in the Republic of Kazakhstan;
3) protection of the rights and legitimate interests of depositors, other creditors and clients of banks and branches of banks - nonresidents of the Republic of Kazakhstan;
4) assistance in ensuring fair competition in the market of banking services;
5) assistance in increase in level of financial literacy and availability of banking services to the population.
3. The basic principles of state regulation, control and supervision in the sphere of banking activity are:
1) effective and pro rata (proportional) banking regulation;
2) transparency of activities of banks, branches of banks - nonresidents of the Republic of Kazakhstan and other participants of bank system of the Republic of Kazakhstan;
3) responsibility of banks, branches of banks - nonresidents of the Republic of Kazakhstan and other participants of bank system of the Republic of Kazakhstan in the course of implementation of banking activity.
1. The Republic of Kazakhstan has dual banking.
The National Bank of the Republic of Kazakhstan is Central Bank of the state and represents the top (first) level of bank system of the Republic of Kazakhstan.
All other banks represent the lower (second) level of bank system of the Republic of Kazakhstan and are banks of the second level, except for Development bank of Kazakhstan having the special legal status established by the Law of the Republic of Kazakhstan "About Development bank of Kazakhstan". Branches of banks - nonresidents of the Republic of Kazakhstan also are part of the lower (second) level of bank system of the Republic of Kazakhstan.
2. The purpose, tasks, the principles of activities, legal status and powers of National Bank of the Republic of Kazakhstan are determined by the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
The National Bank of the Republic of Kazakhstan exercises regulation, control and supervision on single questions of banking activity within the competence and promotes creation of general terms for functioning of banks, branches of banks - nonresidents of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities.
The regulating, control and supervising functions of National Bank of the Republic of Kazakhstan within its competence of the relation of banks, branches of banks - nonresidents of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities are directed to maintenance of stability of monetary and credit system of the Republic of Kazakhstan, protection of the rights and legitimate interests of depositors, other creditors and clients of banks, branches of banks - nonresidents of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities.
3. Any person which does not have the corresponding license of authorized body or National Bank of the Republic of Kazakhstan has no right:
1) to perform banking activities as the main or additional activities.
The banking activities performed in the territory of the Republic of Kazakhstan without license of authorized body or National Bank of the Republic of Kazakhstan are insignificant, except for the banking activities performed by state body, the National operator of mail, Development bank of Kazakhstan, international financial institutions, and also other persons within the powers fixed by this Law and (or) other laws of the Republic of Kazakhstan;
To use 2) in the name, documents, announcements and (or) advertizing the word "bank" or the word (expression), derivative of it, making impression that it performs banking activities, except for National Bank of the Republic of Kazakhstan, Development bank of Kazakhstan, international financial institutions and representative offices of banks.
4. Creation in the Republic of Kazakhstan of specialized industry banks with participation of the state, except for the housing construction savings bank having the status of national institute of development is not allowed.
The housing construction savings bank having the status of national institute of development - the bank of the second level having the special legal status determined by this Law and the Law of the Republic of Kazakhstan "About housing construction savings in the Republic of Kazakhstan".
5. In the Republic of Kazakhstan creation or activities of banks screens is forbidden.
1. Affiliates of bank are persons determined by article 64 of the Law of the Republic of Kazakhstan "About joint-stock companies", except for:
persons performing functions of the nominee holder of voting shares of bank and (or) the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, and also issuers of the specified derivative securities;
the cases established by Items 2 and 3 of this Article.
2. Availability at the Government of the Republic of Kazakhstan and (or) national managing holding of the status or signs of the large shareholder of bank, and also participation of officials of national managing holding in bodies of bank are not the bases for recognition by affiliates of the specified bank:
Governments of the Republic of Kazakhstan;
national managing holding and (or) its officials.
3. Availability in shareholding structure of data of banks of the Government of the Republic of Kazakhstan and (or) national managing holding is not the basis for recognition of banks affiliated on the relation to each other.
4. Provisions of Items 2 and 3 of this Article are not considered for the purposes of the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on transfer pricing.
5. Affiliates of bank branch - the nonresident of the Republic of Kazakhstan affiliates of bank - the nonresident of the Republic of Kazakhstan, the states recognized by those according to the legislation which resident is the bank - the nonresident of the Republic of Kazakhstan are recognized.
The bank branch - the nonresident of the Republic of Kazakhstan records the affiliates based on the data represented by bank - the nonresident of the Republic of Kazakhstan.
1. The bank, bank branch - the nonresident of the Republic of Kazakhstan do not answer for obligations the state, as well as the state does not answer for obligations bank, bank branch - the nonresident of the Republic of Kazakhstan, except cases when bank, bank branch - the nonresident of the Republic of Kazakhstan and (or) the state assume such responsibility.
2. Intervention in any form of state bodies and their officials in activities of bank, bank branch - the nonresident of the Republic of Kazakhstan, except the cases provided by the laws of the Republic of Kazakhstan is forbidden.
3. Bank, for ensuring (recovery) financial stability and (or) improvement of which means of the government budget, National fund of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and (or) its affiliated organizations, during the period from the date of decision making about provision of the specified means and before complete execution of obligations by bank on their return are used:
1) shares profit, charges dividends according to common and (or) preferred shares, and also carries out the return redemption of own shares in case of observance of the conditions provided by regulatory legal act of authorized body;
2) has no right to create and acquire the affiliated organizations, to have considerable equity participation of the organization, and also to perform other investments in the legal entities and the organizations who are not legal entities (further - the organizations), located (registered) outside the Republic of Kazakhstan.
The large member of bank, bank holding during the period from the date of decision making about provision of means of the government budget, National fund of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and (or) its affiliated organizations for ensuring (recovery) financial stability and (or) improvement of bank and before complete execution of obligations by bank on return of the specified means has the right to reduce share of their immediate and (or) indirect possession and (or) use, and (or) the order of bank shares in case of observance of the conditions provided by regulatory legal act of authorized body.
For receipt of the status of the large participant and (or) bank holding of bank person wishing to acquire share of immediate and (or) indirect possession and (or) use, and (or) the order of bank shares for ensuring (recovery) financial stability and (or) improvement of which means of the government budget, National fund of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan and (or) its affiliated organizations are used, provides observance of conditions of regulatory legal act of the authorized body specified in part two of this Item.
1. The bank is created in the form of joint-stock company taking into account the features established by the bank law of the Republic of Kazakhstan.
2. The official status of bank is determined by state registration (re-registration) of the legal entity as bank in the Government for Citizens State corporation (further - the State corporation) performed based on permission of authorized body to opening of bank or permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank and availability of the banking license.
3. The bank name shall conform to the following requirements:
1) to contain the word "bank" or the word, derivative of it;
2) not to use the word "national", "central", "state", "republican" in the complete or reduced type in any language;
3) not to use the word and (or) the designations identical or mixtures, similar to degree, with the name of earlier created banks, including banks - nonresidents of the Republic of Kazakhstan, except for names of subsidiary banks;
4) to contain the name of parent bank (for the name of subsidiary bank);
5) to contain the phrase "Islamic bank" (for the name of Islamic bank).
4. The location of bank the location (postal address) of bank board is recognized.
5. The charter of Islamic bank and the charter of the bank with the universal banking license performing Islamic banking activities in addition to the data provided by the Law of the Republic of Kazakhstan "About joint-stock companies" shall contain the description of functions and procedure for creation of permanent body of bank - council on the principles of Islamic financing.
6. In case of change of the bank name and (or) its location the bank shall within fourteen calendar days from the date of state registration of such changes or from the date of the notice of the State corporation on such changes in cases when their state registration is not required, to provide to authorized body of the copy of the documents confirming such changes.
7. The liquidated bank loses the official status of bank from the date of state registration of the termination of its activities in the State corporation performed according to the procedure, established by the legislation of the Republic of Kazakhstan.
1. The authorized capital of bank is created in national currency of the Republic of Kazakhstan due to share placing, except as specified, of stipulated in Item 3 these Articles.
2. The minimum sizes of the authorized capital of bank with the universal banking license, bank with the basic banking license, Islamic bank are established by regulatory legal act of authorized body.
The minimum size of the authorized capital of newly created bank shall be paid by his founders completely within thirty calendar days after state registration of bank.
3. Bank shares in case of their placement shall be paid only with money, except for the following cases:
1) convertings of obligations of bank in common shares of bank within application to such bank of the mode of settlement;
2) convertings of securities in the bank share based on the prospectus of release of the issued securities converted into bank shares;
3) exchange of placed shares of bank of one type for shares of this bank of other type based on the charter of bank and the prospectus of share issue of bank;
4) payments of bank shares by the reorganization performed according to the procedure, established by the Law of the Republic of Kazakhstan "About joint-stock companies";
5) voluntary reorganization of the microfinancial organization in the form of converting in bank - before submission of the statement by the microfinancial organization on converting.
In the cases established by part one of this Item, evaluating the property used for payment of shares is not required.
4. The minimum equity of the bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank shall conform to requirements of the subitem 1) of part two of Item 1 of article 72 of this Law on the date of filing of application on receipt of the banking license.
1. Physical and (or) legal entities, residents and (or) nonresidents of the Republic of Kazakhstan taking into account the restrictions set by Items 2 and 4 of this Article can be founders and shareholders of bank.
The state can be the founder and (or) the shareholder of bank only on behalf of the Government of the Republic of Kazakhstan, except as specified, stipulated in Item 4 Articles 4 and part one of item 4 of article 94 of this Law.
The authorized body for the purpose of implementation of transaction on simultaneous transfer of assets and obligations of the bank which is in the settlement mode, the stipulated in Article 98 these Laws can be the single founder of stabilization bank.
The state companies and the organizations, more than fifty percent of voting shares or shares in the authorized capital of which belong to the state, cannot be founders and shareholders of bank, except for national managing holding.
2. Any person independently or together with other person (other persons) without receipt of the prior written consent of authorized body has no right:
directly and (or) indirectly to own and use, and (or) to dispose in total of ten or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank;
exercise control over bank;
render directly and (or) indirectly influence on the decisions made by bank (to vote) in ten or more percent of voting shares of bank.
The requirement established by part one of this Item does not extend on:
Government of the Republic of Kazakhstan;
national managing holding;
the single accumulation pension fund, the managing director of investment portfolio holding voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, at the expense of pension assets;
person performing functions of the nominee holder of voting shares of bank and (or) the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, and also the issuer of the specified derivative securities;
person having rights only to receipt of dividends and (or) other share yield of bank without opportunity to exert impact on the decisions made by bank;
the other persons specified in Item 19 of article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations".
Requirements to persons, directly and (or) indirectly owning and (or) using, and (or) disposing in total of ten or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank or exercising control over bank or rendering directly and (or) indirectly influence on the decisions made by the bank (voting) in ten or more percent of voting shares of bank and also procedure for receipt by such persons of consent to acquisition of the status of the large member of bank or bank holding by them are established by article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations".
3. The bank shall have at least one large member of bank or one bank holding, except as specified, when more than fifty percent of voting shares of bank belong to the Government of the Republic of Kazakhstan or national managing holding.
4. The large member of bank, bank holding cannot be registered in offshore zones which list is established by regulatory legal act of authorized body.
The specified restriction does not extend to the bank which is the affiliated organization of bank - the nonresident of the Republic of Kazakhstan having the minimum required rating of one of rating agencies. The list of rating agencies and the minimum required rating are determined by regulatory legal act of authorized body.
5. Persons who jointly are the large member of bank persons, directly and (or) indirectly owning and (or) using, and (or) disposing in total of ten or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, in the presence of any of the following conditions are recognized:
1) specified persons jointly influence decisions of bank owing to the agreement (supporting documents) signed between them;
2) specified persons are separately or mutually large members of each other;
3) one of specified persons authorized other specified person (obliged) to acquire voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, according to the agreement signed between them, except as specified, of the broker services connected with rendering, services in management of investment portfolio and (or) services in nominal continence of securities;
4) one of specified persons provided gratuitously money and (or) other property to other specified person for acquisition of voting shares of bank and (or) the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank;
5) one of specified persons is official of other specified person;
6) one of specified persons is the representative of other specified person, except as specified, when the representative acts in strict accordance with instructions of the represented person and has no right to make actions on behalf of the represented person at sole discretion;
7) specified persons are close relatives or the spouse (spouse);
8) specified persons jointly influence decisions of bank otherwise in the cases established by authorized body.
6. Persons which jointly are bank holding persons, directly and (or) indirectly owning and (or) using, and (or) disposing in total of twenty five or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, in the presence of any of the following conditions are recognized:
1) specified persons jointly influence decisions of bank owing to the agreement (supporting documents) signed between them;
2) specified persons are separately or mutually large members of each other;
3) one of specified persons authorized other specified person (obliged) to acquire voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, according to the agreement signed between them, except as specified, of the broker services connected with rendering, services in management of investment portfolio and (or) services in nominal continence of securities;
4) one of specified persons provided gratuitously money and (or) other property to other specified person for acquisition of voting shares of bank and (or) the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank;
5) one of specified persons is the representative of other specified person, except as specified, when the representative acts in strict accordance with instructions of the represented person and has no right to make actions on behalf of the represented person at sole discretion;
6) specified persons jointly influence decisions of bank otherwise in the cases established by authorized body.
7. Are not recognized the large member of bank, bank holding of person, directly and (or) indirectly owning and (or) using, and (or) disposing in total of ten or more percent of voting shares of bank, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are the voting shares of bank which are acting on the basis of the agreement signed between them providing adoption of joint decisions by them only on the following questions:
1) convocation of extraordinary general meeting of shareholders of bank;
2) appeals to the court with the claim for convocation of general meeting of shareholders of bank in case of refusal in its convocation by the board of directors of bank;
3) inclusions of additional questions in the agenda of general meeting of shareholders of bank;
4) convocation of meeting of the Board of Directors of bank;
5) carrying out audit of bank by auditing organization at own expense.
8. If person began to correspond to signs of the large member of bank or bank holding without written consent of authorized body, this person has no right to take any actions directed to rendering influence on the decisions made in bank and (or) to vote bank shares and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank until it does not receive written consent of authorized body according to article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations".
The authorized body has the right to apply the measures of supervising reaction provided by this Law to person corresponding to signs of the large member of bank or bank holding without written consent of authorized body including to demand from the specified person to realize voting shares of bank and (or) derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, no more than six months in time.
9. The authorized body has the right to request from the information confirming or confuting data that person corresponds to signs of the large member of bank or bank holding without written consent of authorized body.
The specified information can be requested by authorized body any person having it and also any organization which is under control of such person.
10. The bank shall notify authorized body on change of list of the persons owning and (or) using, and (or) disposing in total of ten and more percent of voting shares of bank including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, within fifteen calendar days from the date of establishment of this fact.
11. Physical persons - the residents who are large members of bank and also their spouses shall represent annually the declaration on the income and property according to the procedure and terms which are established by the tax legislation of the Republic of Kazakhstan.
12. The procedure for establishment of signs of control, signs of the large member of bank, bank holding, considerable equity participation of the organization is determined by regulatory legal act of authorized body and includes:
1) establishment of cases of rendering direct and (or) indirect impact by physical person or legal entity on the decisions (votes) made by bank in ten or more percent of voting shares of bank for the purposes of establishment of signs of the large member of bank;
2) establishment of cases of rendering direct and (or) indirect impact by the legal entity on the decisions (votes) made by bank in twenty five or more percent of voting shares of bank for the purposes of establishment of signs of bank holding;
3) determination of cases of joint influence on decisions of bank otherwise persons, directly and (or) indirectly in ten or more percent of voting shares of bank owning and (or) using, and (or) disposing in total, including by means of the derivative securities issued according to the legislation of the Republic of Kazakhstan or foreign state which underlying asset are voting shares of bank, for the purposes of recognition by their persons who jointly are the large member of bank or bank holding;
4) establishment of cases of availability of possibility of one person independently or together with one or several persons to determine decisions of the legal entity otherwise for the purposes of establishment of signs of control;
5) establishment of cases of immediate and (or) indirect possession and (or) use, and (or) the order independently or together with one or several persons in twenty and more percent of voting shares, shares, shares or other forms of equity in the organization for the purposes of establishment of signs of considerable equity participation of the organization.
1. The physical person or legal entity has the right to file in authorized body petition for issue of permission to opening of bank.
2. The application for issue of permission to opening of bank is submitted by the applicant in the form established by authorized body.
3. The following documents and data shall be enclosed to the application for issue of permission to opening of bank:
1) the copy of the protocol of the constituent assembly (the decision of the single founder) who is drawn up according to the procedure, established by the legislation of the Republic of Kazakhstan;
2) the information about founders from shares in the authorized capital of bank less than ten percent (according to the list determined by regulatory legal act of authorized body), including copies of the annual financial reporting of the founder - the legal entity (consolidated financial statements in case of availability at the founder - the legal entity of the affiliated organizations) in two last financial years, confirmed with audit reports, and also the copy of the financial reporting of the founder - the legal entity for the last complete quarter before filing of application.
In case of absence to the period from January 1 to June 1 the current year of the audit report confirming the financial reporting for the last complete financial year, the founder - the legal entity represents copies of the financial reporting (consolidated financial statements in case of availability at the founder - the legal entity of the affiliated organizations) for the last complete financial year and the last complete quarter before filing of application, and also copies of the annual financial reporting (consolidated financial statements in case of availability at the founder - the legal entity of the affiliated organizations) confirmed with audit reports in two years preceding the last complete financial year.
The financial reporting specified in this subitem is not submitted in the following cases:
in the presence of this financial reporting on Internet resource of depositary of the financial reporting;
when the founder - the legal entity is the financial organization - the nonresident of the Republic of Kazakhstan and this financial reporting is placed and available on Kazakh, Russian or English on Internet resource of this financial organization - the nonresident of the Republic of Kazakhstan or foreign stock exchange;
3) documents and data according to the procedure, determined by article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", in case of obtaining by the applicant of the status of the large member of bank or bank holding, except for the documents and data provided by the subitem 1) of Item 8, the subitem 1) of Item 10 and Item 14 of article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
4) the statement on receipt of permission to creation, acquisition of the affiliated organization or considerable equity participation of the organization and the document confirming payment of collection for issue of permission in case of receipt by bank of permission to creation of subsidiary bank or considerable equity participation of other bank according to article 9-6 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
5) copies of the documents confirming sources (origin) of the means used by physical person for share acquisition (authorized capital payment) of the created bank.
Sources of means which can be used by physical person for share acquisition (authorized capital payment) of the created bank are determined by Item 7 of article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
6) the copy of the foundation agreement which is drawn up in the procedure established by the legislation of the Republic of Kazakhstan (notarially attested in case of non-presentation of the original for reconciliation);
7) copies of the documents confirming powers of the person for filing of application and documents and data attached to it.
4. The legal entity - the nonresident of the Republic of Kazakhstan, being the founder of bank, in addition to documents, stipulated in Item 3 these Articles, shall enclose to the application for issue of permission to opening of bank the copy of consent (permission) to shareholding of the bank performing the activities in the territory of the Republic of Kazakhstan, issued by body of financial supervision of the state which resident is the applicant, or the acknowledgment copy from body of financial supervision of the state which resident is the applicant, that such consent (permission) is not required.
5. The legal entity - the nonresident of the Republic of Kazakhstan, being the founder of the bank created within voluntary reorganization of the microfinancial organization in the form of converting in bank shall enclose to the application for issue of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank the copy of consent (permission) to shareholding of the bank performing the activities in the territory of the Republic of Kazakhstan, issued by body of financial supervision of the state which resident is the applicant, or the acknowledgment copy from body of financial supervision of the state which resident is the applicant, that such consent (permission) is not required.
6. The authorized body has the right to request the additional information or documents necessary for decision making about issue of permission to opening of bank.
7. The approval procedure on opening of bank is determined by regulatory legal act of authorized body.
The approval procedure on voluntary reorganization of the microfinancial organization in the form of converting in bank is determined by the Law of the Republic of Kazakhstan "About microfinancial activities".
8. The application for issue of permission to opening of bank is considered by authorized body within sixty five working days from the date of filing of application.
The authorized body has the right to suspend the term of consideration of the application about issue of permission to opening of bank in any of the following cases:
detection of doubtful these (information) about the applicant and (or) his founders containing in the submitted documents and (or) data;
discrepancies of contents of the submitted documents and (or) data to requirements of the legislation of the Republic of Kazakhstan;
need of implementation of check of accuracy of the data (data) for the submitted documents and data.
The term of elimination by the applicant of notes of authorized body to the submitted documents and (or) data constitutes no more than ten working days.
The term of consideration of the application about issue of permission to opening of bank is resumed after elimination by the applicant of notes of authorized body to the submitted documents and (or) data and completion of check by authorized body of accuracy of the data (data) in the specified documents and (or) data or in case of non-presentation by the applicant of the corrected (specified) documents and (or) data during the term established by part three of this Item.
9. The notification on issue of permission to opening of bank goes to the applicant and to the State corporation.
1. The refusal in issue of permission to opening of bank is made on any of the following bases:
1) discrepancy of the bank name to requirements of Item 3 of article 7 of this Law;
2) unstable financial position of the founder of bank.
The unstable financial position is understood as availability of any of the following signs:
obligations of the founder of bank exceed its assets less the amount of the assets placed in shares, shares, shares or other forms of equity in the organizations and assumed to share acquisition of bank;
losses of the founder of bank by results of each of two complete financial years;
the size of obligations of the founder of bank represents significant risk for financial condition of bank;
the analysis of financial consequences of acquisition by the founder of bank of the status of the large member of bank (bank holding) assumes deterioration in financial condition of the founder of bank;
the property value of the founder of bank (less its obligations) is insufficient for share acquisition of bank;
other bases revealed with use of motivated judgment testimonial of availability of unstable financial position of the founder of bank and (or) possibility of causing damage to bank and (or) its depositors and other creditors.
In case of creation of bank within voluntary reorganization of the microfinancial organization in the form of converting in bank the unstable financial position shall be absent only at person acquiring the status of the large member of bank (bank holding);
3) in cases, when the founder of bank - physical person or the first head of executive body and (or) governing body of the founder - the legal entity:
has the outstanding or not removed criminal record;
held position of the first head of governing body, the first head of executive body or his deputy, chief accountant, deputy chief accountant of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, during the period no more than in one year prior to acceptance by authorized body or body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, the decision on application of the mode of settlement, the decision on deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market, or introductions in legal force of court resolution about involuntary liquidation of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, or recognition by her insolvent (bankrupt) according to the procedure, established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan.
The basis for refusal in issue of permission to the opening of bank provided by the paragraph third this subitem is applied within ten years after adoption of the relevant decision by authorized body or body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, or introductions in legal force of the corresponding court resolution.
For the purposes of this subitem are also understood as the financial organization bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan;
4) non-compliance with restrictions, stipulated in Clause 9 these Laws;
5) non-compliance with requirements, stipulated in Clause 10 these Laws and article 9-5 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations";
6) refusal of authorized body in issue of consent to acquisition of the status of the large member of bank (bank holding);
7) refusal of authorized body in issue of permission to creation of subsidiary bank or considerable equity participation of other bank;
8) not elimination of notes of authorized body according to the submitted documents and (or) data in time, provided by part three of Item 8 of article 10 of this Law;
9) unauthenticity of these (data) in the documents and (or) data provided by the applicant for receipt of permission.
2. The authorized body shall notify in writing the applicant on refusal in issue of permission to opening of bank with reasons for cause of failure.
1. Permission to opening of bank has legal force before adoption by authorized body of the decision on issue of the banking license to bank or before one of the cases provided by Items 2 and 3 of this Article.
2. The issued permission to opening of bank is considered cancelled in cases:
1) acceptances by founders (shareholders) of bank of the decision on the voluntary termination of activities of bank by its reorganization or liquidation;
2) adoptions by court of the decision on the termination of activities of bank;
3) not passings in the State corporation of state registration of the legal entity as bank within two months from the date of issue of permission to opening of bank;
4) response authorized body of the issued permission to opening of bank. The authorized body withdraws the issued permission to opening of bank in case of detection of doubtful these (data) in documents and (or) data based on which permission was issued.
In case of withdrawal of permission to opening of bank the authorized body makes the decision on cancellation of earlier issued permission within two months from the date of detection of the fact which is permission ground for revocation;
5) non receipt of the banking license within one year from the date of issue of permission to opening of bank.
3. The founder (shareholder) of bank has the right to refuse voluntarily the permission to opening of bank issued to it by return of permission to opening of bank to authorized body.
In the specified case the bank shall be re-registered in other organization or stop the activities according to the procedure, established by the legislation of the Republic of Kazakhstan.
4. In the cases provided by Items 2 and 3 of this Article, earlier issued consent to acquisition of the status of the large member of bank (bank holding) is considered cancelled.
1. The state re-registration of the microfinancial organization in bank within voluntary reorganization of the microfinancial organization in the form of converting in bank is performed by the State corporation based on permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank and the report on implementation of actions approved by authorized body, provided by the actions plan on converting of the microfinancial organization in bank.
The bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank is legal successor of all rights (requirements) and obligations of the specified microfinancial organization.
2. The bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank within ten working days after receipt of the banking license sends the notification to clients by the method provided by the agreement on provision of the microcredit, on the taken place voluntary reorganization of the microfinancial organization in the form of converting in bank with indication of transaction types which the specified bank has the right to perform.
The bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank is forbidden to change unilaterally conditions of agreements on provision of the microcredit, except for changes of conditions of agreements on provision of the microcredit towards their improvement for borrowers.
1. The official status of bank branch - the nonresident of the Republic of Kazakhstan is determined by its accounting registration (re-registration) in the State corporation performed based on permission of authorized body to opening of bank branch - the nonresident of the Republic of Kazakhstan, and availability of the banking license.
2. The name of bank branch - the nonresident of the Republic of Kazakhstan shall conform to the following requirements:
1) to contain the bank name - the nonresident of the Republic of Kazakhstan, and also the word "branch";
2) not to use the word and (or) the designations identical or mixtures, similar to degree, with the name of other banks, including banks - nonresidents of the Republic of Kazakhstan;
3) to contain the phrase "Islamic bank" (for the name of branch of Islamic bank - the nonresident of the Republic of Kazakhstan).
3. The location of bank branch - the nonresident of the Republic of Kazakhstan its location in the territory of the Republic of Kazakhstan specified in regulations on bank branch - the nonresident of the Republic of Kazakhstan is recognized.
4. Regulations on branch of Islamic bank - the nonresident of the Republic of Kazakhstan and regulations on bank branch - the nonresident of the Republic of Kazakhstan with the universal banking license performing Islamic banking activities in addition to data, stipulated by the legislation the Republic of Kazakhstan, shall contain the description of functions of council on the principles of Islamic financing or other similar body, permanent in bank - the nonresident of the Republic of Kazakhstan.
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