of April 3, 2026 No. 46
About approval of features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities
In compliance with Item 5 of Article 117 and item 4 of article 129 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market
1. Approve the enclosed Features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities.
2. Recognize invalid 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, and also structural elements of 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.
3. 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.
4. 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.
This resolution becomes effective after ten calendar days after day of its first official publication.
The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market
M. Abylkasymova
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. 46
1. These Features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities (further – Features of activities of liquidation commissions) are developed compliance with Item 5 of Article 117 and item 4 of article 129 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks) and establish features of activities of liquidation commissions of voluntarily liquidated banks and branches of nonresident banks of the Republic of Kazakhstan which are voluntarily stopping activities (further – liquidation commission).
2. The liquidation commission is created by the decision of general meeting of shareholders of voluntarily liquidated bank or the decision of authorized body of nonresident bank of the Republic of Kazakhstan concerning the branch of nonresident bank of the Republic of Kazakhstan which is voluntarily stopping activities based on permission of body of financial supervision of the state which resident is the nonresident bank of the Republic of Kazakhstan, or statements of body of financial supervision of the relevant state that such permission by the legislation of nonresident bank of the Republic of Kazakhstan is not required, no later than 45 (forty five) calendar days from the date of receipt of permission of authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) on voluntary liquidation of bank, the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan taking into account branches and representative offices of bank, the branch of nonresident bank of the Republic of Kazakhstan stopping activities.
Change of structure of liquidation commission is performed according to the decision of general meeting of shareholders of bank or the decision of authorized body of nonresident bank of the Republic of Kazakhstan.
3. From the date of creation of liquidation commission and before completion of process of voluntary liquidation of bank, the voluntary termination of activities of branch of nonresident bank of the Republic of Kazakhstan:
1) powers of bodies and leading employees of bank, branch of nonresident bank of the Republic of Kazakhstan, including according to the order property and to repayment of obligations of bank, branch of nonresident bank of the Republic of Kazakhstan, and also their right on bank management, branch of nonresident bank of the Republic of Kazakhstan stop;
2) the actions performed from name or for bank account, branch of nonresident bank of the Republic of Kazakhstan have legal force if they are made by the chairman of liquidation commission either the member of liquidation commission, or person working in liquidation commission according to the employment contract (further – the involved worker) or to the services agreement (further – the involved person) to which the chairman of liquidation commission issues the power of attorney on making of these actions which is drawn up according to the civil legislation of the Republic of Kazakhstan;
3) the requirements of property nature relating to bank to branch of nonresident bank of the Republic of Kazakhstan are considered by liquidation commission according to Chapter 5 of Features of activities of liquidation commissions and the civil legislation of the Republic of Kazakhstan.
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