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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 April 3, 2026 No. 48

About approval of Rules of appointment and activities of temporary administration for bank management, and also appointed after deprivation of bank of the banking license to implementation of all transaction types, appointment and powers of temporary administration (the temporary administrator) of the insurance (reinsurance) organization, Rules of representation by the temporary administration on bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types, temporary administration (the temporary administrator) of the insurance (reinsurance) organization of the reporting and other information, list, forms and terms of representation by the temporary administration on bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types, temporary administration (the temporary administrator) of the insurance (reinsurance) organization of the reporting and other information

According to Item 7 of Article 84, Item 5 of article 101 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", Item 7 of article 56 of the Law of the Republic of Kazakhstan "About insurance activity" and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve enclosed:

1) Rules of appointment and activities of temporary administration for bank management, and also appointed after deprivation of bank of the banking license to implementation of all transaction types, appointment and powers of temporary administration insurance (the temporary administrator) (reinsurance) organization;

2) Rules of representation by the temporary administration on bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types, temporary administration (the temporary administrator) of the insurance (reinsurance) organization of the reporting and other information, list, forms and terms of representation by the temporary administration on bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types, temporary administration (the temporary administrator) of the insurance (reinsurance) organization of the reporting and other information.

3. Recognize invalid some resolutions of Board of National Bank of the Republic of Kazakhstan and the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market, and also structural elements of the resolution of Board of National Bank of the Republic of Kazakhstan and some resolutions of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market in the list according to appendix to this resolution.

4. 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 actions provided by the subitem 2) of this Item.

5. 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.

6. This resolution becomes effective since July 1, 2026 and is subject to 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

Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

 

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of April 3, 2026 No. 48

Rules of appointment and activities of the temporary administration for bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types, appointment and powers of temporary administration (the temporary administrator) of the insurance (reinsurance) organization

Chapter 1. General provisions

1. Rules of appointment and activities of the temporary administration for bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types, appointment and powers of temporary administration (the temporary administrator) of the insurance (reinsurance) organization (further – Rules) are developed according to Item 7 of Article 84, Item 5 of article 101 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", Item 7 of article 56 of the Law of the Republic of Kazakhstan "About insurance activity" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure for appointment as authorized body by regulation, control and supervision of the financial market and the financial organizations (further – authorized body) the temporary administration on bank management and also appointed after deprivation of bank of the banking license to implementation of all transaction types appointment and powers of temporary administration (temporary administrator) of the insurance (reinsurance) organization.

The provisions of Rules provided for appointment as authorized body of temporary administration of the insurance (reinsurance) organization appointed in connection with deprivation of the license for the right of implementation of insurance (reinsurance) activity operating procedure of the insurance (reinsurance) organization and power of temporary administration of the insurance (reinsurance) organization extend to the branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan which is compulsorily stopping activities if other is not provided by Rules.

2. The basic concepts used in Rules:

1) temporary administration (the temporary administrator) – the temporary body appointed by authorized body for ensuring safety of property and implementation of actions for bank management or the insurance (reinsurance) organization (further – temporary administration);

2) the head of temporary administration - person designated by authorized body from among his workers or persons who are not employees of authorized body;

3) the member of temporary administration - person designated by authorized body from among his workers or persons who are not employees of authorized body;

4) persons who are not employees of authorized body - employees of the organization performing obligatory guaranteeing deposits and the organization, guaranteeing implementation of insurance payments to insurers (insured, to beneficiaries) in case of liquidation of insurance companies (further - the organization guaranteeing implementation of insurance payments).

Chapter 2. Procedure for appointment and structure of temporary administration

3. The temporary administration is appointed by the decision of authorized body.

The temporary administration on bank management is appointed before the termination of the mode of recovery of financial stability or the mode of settlement.

The temporary administration of bank, the insurance (reinsurance) organization after deprivation of the license is appointed to the period from the date of deprivation of bank, the insurance (reinsurance) organization of the license and before appointment of liquidation commission as authorized body.

The temporary administration appointed by authorized body in case of deprivation of the license of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan for the right of implementation of insurance (reinsurance) activity stops the powers after transfer of the insurance portfolio.

4. In the decision of authorized body on appointment of temporary administration it is specified:

1) full and abbreviated name of bank or insurance (reinsurance) organization;

2) date and number of the decision of authorized body on deprivation of the license of bank or insurance (reinsurance) organization;

3) effective period of temporary administration;

4) surname, name, middle name (in case of its availability) the head and members of temporary administration, with indication of their positions;

5) orders of authorized body about accomplishment of the tasks and functions assigned to temporary administration.

5. The structure of temporary administration is determined by authorized body depending on availability at bank or the insurance (reinsurance) organization of branches and representations, and also from nature and amount of the forthcoming work.

The persons which are part of temporary administration who are employees of authorized body of the organization performing obligatory guaranteeing deposits and the organization, guaranteeing implementation of insurance payments are exempted from accomplishment of job responsibilities on principle place of employment for the entire period of activities in temporary administration.

For the specified period behind them the salary and other payments established on principle place of employment remains.

The head of temporary administration designates person having the higher economic or legal education.

The employees of authorized body rendering assistance of temporary administration in realization of the tasks and functions assigned to it according to the written order of management and also control of activities of temporary administration have access to the rooms occupied by the organization and to documents, available temporary administration.

6. The structure of temporary administration of bank, deposit liability of physical persons being the participant of system of obligatory guaranteeing deposits and having, the being subject to obligatory guaranteeing deposits, join representatives of the organization performing obligatory guaranteeing deposits.

The structure of temporary administration of the insurance (reinsurance) organization, being the participant of system of guaranteeing insurance payments, joins employees of the organization guaranteeing implementation of insurance payments.

Chapter 3. Powers of temporary administration

7. From the date of appointment of temporary administration there come the effects provided by Articles 84, 102 Laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), Article 69 and Item 6 of article 72-1 of the Law of the Republic of Kazakhstan "About insurance activity" (further - the Insurance law).

8. The temporary administration starts accomplishment of the obligations in day of its appointment as authorized body. Copies of the decisions of authorized body made according to articles 84, of 101 Law on banks and Article 55 of the Insurance law, and appointment of temporary administration are handed without delay by temporary administration to the head of bank or insurance (reinsurance) organization (to person, it replacing) under list and (or) goes to bank or the insurance (reinsurance) organization by means of electronic, facsimile or other means of communication.

9. If date of appointment of the temporary administration appointed in connection with deprivation of the license in bank is affected by the temporary administration on bank management appointed according to Chapter 16 of the Law on banks, the order of authorized body on appointment of the temporary administration appointed in connection with deprivation of the license is handed under list to the head of temporary administration (to person, it replacing) and (or) goes the organizations by means of electronic, facsimile or other means of communication. In the absence of possibility of delivery of decisions of authorized body on deprivation of the license and appointment of temporary administration under list and (or) the directions of the organization by means of electronic, facsimile or other means of communication the temporary administration draws up about it the statement and brings information to the attention of authorized body.

10. If absence or refusal of the head of bank or insurance (reinsurance) organization (person, it replacing) from acquaintance with decisions of authorized body on deprivation of the license and appointment of temporary administration, including in case of impossibility of the direction of the decision of authorized body on deprivation of the license and appointment of temporary administration by means of electronic, facsimile or other means of communication, do not interfere with access of temporary administration to rooms, to property and documentation of the organization, the temporary administration starts accomplishment of the obligations in the day specified in the decision of authorized body on its appointment.

In case of hindrance by the head of bank or insurance (reinsurance) organization (person, it replacing) or other persons to work of temporary administration performs the actions provided by Items 26 and 27 of Rules.

11. The head of temporary administration heads and coordinates work of temporary administration, performs powers on ensuring safety of property and management of bank or the insurance (reinsurance) organization, distributes obligations between members of temporary administration.

Distribution of obligations is performed by the head of temporary administration within 5 (five) working days from the date of appointment of temporary administration by means of the publication of the order on distribution of obligations between members of temporary administration and fixing of their powers.

In the absence of the head of temporary administration of its obligation the deputy appointed by the head from among members of temporary administration performs.

12. In the presence at bank or the insurance (reinsurance) organization of branches or representations in the location of branch or representation the division of temporary administration (further - division) which is accountable to the head of temporary administration is created.

The division is headed by his head (further - the division manager) who is appointed the head of temporary administration from among members of temporary administration no later than 1 (one) working day from the date of appointment of temporary administration as authorized body.

The division manager performs the activities based on the power of attorney which is drawn up according to the procedure, established by the civil legislation of the Republic of Kazakhstan, and the head of temporary administration issued to it.

The division manager heads and coordinates work of division, performs powers on ensuring safety of the property of the organization and mortgage property given by the pledger to ownership of the organization which is on administrative and territorial unit.

13. The temporary administration demands from the head of the organization (person, it replacing) and other responsible persons of immediate transfer of seals to it (in the presence), stamps, cliche, keys, ice creams and documents of the organization specified in the subitem 2) of Item 23 of Rules.

In case of not transfer by the head of the organization (person, it replacing) and other responsible persons of bank or insurance (reinsurance) organization of seals (in the presence), stamps, cliche, keys, ice creams and documents specified in the subitem 2) of Item 23 of Rules, the temporary administration draws up the statement of hindrance to implementation of work of temporary administration (further - the act of hindrance) according to Items 28 and 29 of Rules, and within 2 (two) working days takes measures for production of duplicates of necessary seals, stamps, cliche, keys and ice creams.

No later than the working day following behind day of production of the duplicate of seal, the temporary administration sends information on production of the duplicate of seal and print of the duplicate of seal to authorized body.

14. During effective period of temporary administration the conclusion and execution of transactions with property of bank or the insurance (reinsurance) organization, including execution of obligations by the organization, including repayment of accounts payable in any form, except for the transactions connected with execution of the current obligations of bank or insurance (reinsurance) organization, expense budget of temporary administration, and the cases provided by the civil legislation of the Republic of Kazakhstan is not allowed.

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