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The document ceased to be valid since April 28, 2020 according to Item 2 of the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 30, 2020 No. 36

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 April 30, 2007 No. 121

About approval of Rules of issue of permission to opening of bank, and also licensing of banking and other activities, the activities in the security market performed by banks

(as amended on 19-12-2015)

For the purpose of enhancement of the regulatory legal acts regulating activities of banks of the second level, Board of the Agency of the Republic of Kazakhstan for regulation and supervision of the financial market and the financial organizations (further - the Agency) DECIDES:

1. Approve the enclosed Rules of issue of permission to opening of bank, and also licensing of banking and other activities, the activities in the security market performed by banks.

2. Declare invalid the resolution of Board of the Agency of January 9, 2006 No. 9 "About approval of Rules of issue of permission to opening of bank, and also issue, suspension and revocation of license on the carrying out the banking and other activities performed by banks" (registered in the Register of state registration of regulatory legal acts at No. 4038).

3. This resolution becomes effective from the date of enforcement of the Law of the Republic of Kazakhstan of January 11, 2007 "About licensing".

4. To management of licensing (Nazhimedenova A. Zh.):

1) together with Legal departments (Baysynov M. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring this resolution to the attention of the interested divisions of the Agency, banks and Consolidation of legal entities "Association of financiers of Kazakhstan".

5. To provide to department of the international relations and public relations the publication of this resolution in mass media of the Republic of Kazakhstan.

6. To impose control of execution of this resolution on the vice-chairman of the Agency Bakhmutova E. L.

Chairman

A. Dunayev

It is approved

National Bank of the Republic of Kazakhstan

May 11, 2007

 

Approved by 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 April 30, 2007 No. 121

Rules of issue of permission to opening of bank, and also licensing of banking and other activities, and the activities in the security market performed by banks

Chapter 1. General provisions

1. These rules of issue of permission to opening of bank, and also licensing of the banking and other activities, activities in the security market performed by banks (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), of July 2, 2003 "About the security market", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of May 16, 2014 "About permissions and notifications" (further - the Law on permissions and notifications) and determine procedure for issue by state body by regulation, control and supervision of the financial market and the financial organizations of permission to opening of bank, and also procedure and conditions of licensing of bank for carrying out banking and other activities, and implementation of activities in the security market, refusal in issue, suspensions both cancellation of the license of bank for carrying out banking and other activities, and implementation of activities in the security market.

Rules extend also to Islamic banks.

2. No. 235 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 24.08.2012

Chapter 2. Approval procedure on opening of bank

3. For receipt of permission to opening of bank founders of bank represent to National Bank of the Republic of Kazakhstan (further - authorized body) documents, the stipulated in Article 19 Laws on banks.

4. The information about founders contains:

1) for founders - physical persons - the information about the founder - physical person according to appendix 1 to Rules, and also information on fulfillment of requirements of paragraph two of the subitem of-1) of Item 1 of article 24 of the Law on banks with appendix of the document confirming absence at this person outstanding or not removed in the procedure for criminal record established by the legislation, issued by authorized state body on forming of legal statistics and conducting special accounting (date of issue of the specified document constitutes no more than three months preceding date of submission of the petition).

For the purpose of confirmation of requirements of paragraph two of the subitem of-1) of Item 1 of article 24 of the Law on banks for foreign citizens (stateless persons) the relevant document issued by state body of the country of their nationality is in addition submitted (the countries of their permanent residence - for stateless persons).

2) for founders - legal entities:

information about the founder - the legal entity according to appendix 2 to Rules to which notarially attested copy of the certificate or the certificate of state registration (re-registration) of the legal entity and notarially attested copies of constituent documents are attached (the charter, the foundation agreement);

information confirming fulfillment of requirements, stipulated in Item 4 articles 19 of the Law on banks;

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