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The document ceased to be valid since March 2, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of January 31, 2019 No. 9

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 August 5, 2009 No. 176

About approval of Rules of carrying out transaction on simultaneous transfer of assets and obligations of the bank deprived of the license for carrying out banking activities, to another (another) to bank (banks)

(as amended of the Resolution of Board of National Bank of the Republic of Kazakhstan of 27.05.2015 No. 93)

For the purpose of realization of Item 3 of article 61-2 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" the Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations (further - the Agency) DECIDES:

1. Approve the enclosed Rules of carrying out transaction on simultaneous transfer of assets and obligations of the bank deprived of the license for carrying out banking activities, to another (another) to bank (banks).

2. Declare invalid the resolution of Board of the Agency of November 28, 2008 No. 191 "About approval of Rules of carrying out transactions on simultaneous transfer of obligations and property of bank to another (another) to bank (banks)" (registered in the Register of state registration of regulatory legal acts at No. 5466, published in 2009 in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan No. 4, on February 13, 2009 in the Yuridicheskaya Gazeta newspaper No. 23).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

4. To department of liquidation of the financial organizations (Zhumabayeva Z. S.):

1) together with Legal department (Sarsenov N. V.) 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, Consolidation of legal entities "Association of financiers of Kazakhstan" and "Kazakhstan Fund of Guaranteeing Deposits" Joint-stock company.

5. To service of the Chairman of the Agency (Kenzhe A. A.) take measures for 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 Kozhakhmetov K. B.

Chairman

E.Bakhmutova

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 August 5, 2009 No. 176

Rules of carrying out transaction on simultaneous transfer of assets and obligations of the bank deprived of the license for carrying out banking activities, to another (another) to bank (banks)

These rules of carrying out transaction on simultaneous transfer of assets and obligations of the bank deprived of the license for carrying out banking activities to another to bank (banks) are developed (another) according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and determine procedure for carrying out transaction by simultaneous transfer of assets and obligations of the bank deprived of the license for carrying out banking activities (further - bank) in part or in complete size before physical and (or) legal entities to another (another) to bank (banks) temporary administration (the temporary administrator) of bank to the introduction in legal force of the judgment about involuntary liquidation of bank (further - transaction).

1. Transaction on simultaneous transfer of assets and obligations of bank, in part or the complete size before physical and (or) legal entities to another (another) to bank (banks) (further - operation) is performed for the purpose of protection of the rights and interests of depositors of bank.

2. The basic concepts used in these rules:

1) potential bank acquirer - the bank of the second level which accepted the offer to participate in transaction for the purpose of the conclusion of the contract with bank about simultaneous transfer of its assets and liabilities to parts or the complete size on deposits of physical and (or) legal entities;

2) bank acquirer - bank of the second level with which the agreement on simultaneous transfer of assets and obligations of bank, in part or in complete size on deposits of physical and (or) legal entities is signed;

3) temporary administration (the temporary administrator) - the body appointed by authorized body for ensuring safety of property and implementation of actions for ensuring bank management;

4) authorized body - state body on regulation, control and supervision of the financial market and the financial organizations.

3. Operation is performed in coordination with authorized body temporary administration (the temporary administrator) of bank (further - temporary administration) to the introduction in legal force of the judgment about involuntary liquidation of bank.

Simultaneous transfer of assets and obligations of bank in part or in complete size on deposits of physical and (or) legal entities to both one, and several banks of the second level is allowed.

One of conditions of implementation of transaction are no more than hundred fifty percentage ratio of the transferred assets to the transferred deposits of physical and (or) legal entities.

4. The temporary administration makes the decision on carrying out transaction within ten working days from the date of deprivation of bank of the license and addresses to authorized body for review of question of carrying out the this transaction with submission of the following information:

1) the size of the obligations assumed to transfer and balance sheet (estimative - in the presence) asset cost of bank, their description with indication of documentation confirming obligations, rights to claim on receivables and also the property right of bank to the assets assumed to transfer;

2) the draft agreement about simultaneous transfer of assets and obligations of bank.

4-1. The structure of the assets and liabilities transferred when carrying out transaction on transfer of assets and obligations join the following asset types and obligations:

1) the loans issued to physical persons and legal entities, receivables and providing;

2) shares and shares in the authorized capital of legal entities;

3) other securities;

4) money;

5) rights to personal and real estate;

6) licensing rights;

7) other personal estate;

8) real estate;

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