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The document ceased to be valid since March 1, 2019 according to Item 3 of the Resolution of Board of National Bank of the Republic of Kazakhstan of January 31, 2019 No. 11

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. 179

About approval of Rules of creation, receipt of the license for carrying out banking and other activities, forming of authorized and own capitals of stabilization bank

(as amended on 28-10-2016)

For the purpose of implementation of article 61-3 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 creation, receipt of the license for carrying out banking and other activities, forming of authorized and own capitals of stabilization bank.

2. This resolution becomes effective after twenty one calendar days after day of its first official publication.

3. To department of licensing (Kaskamanova N. K.):

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, banks and Consolidation of legal entities "Association of financiers of Kazakhstan".

4. 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.

5. To impose control of execution of this resolution on the vice-chairman of the Agency Baysynov M. 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. 179

Rules of creation, receipt of the license for carrying out banking and other activities, forming of authorized and own capitals of stabilization bank

These rules of creation, receipt of the license for carrying out banking and other activities, forming of authorized and own capitals of stabilization bank are developed according to the laws 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 May 13, 2003 "About joint-stock companies", 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" and determine procedure for creation, receipt of the license for carrying out banking and other activities, forming of authorized and own capitals of stabilization bank.

Chapter 1. Procedure for creation of stabilization bank

1. The authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) after obtaining from temporary administration of the bank which is in conservation regime (further - bank) offers on carrying out transaction on transfer of assets and obligations of bank to stabilization bank, within 10 (ten) working days makes the decision on creation of stabilization bank and without delay notifies temporary administration on the made decision.

2. In the decision of authorized body on creation of stabilization bank are specified:

1) the name, the location this about state registration of authorized body;

2) decision on creation of stabilization bank;

3) name, location of stabilization bank;

4) members of persons, representatives to perform activities for management of stabilization bank and to represent its interests before the third parties;

5) quantity and types of the announced shares, nominal value of the announced shares of stabilization bank which will be placed among the investor (investors) of this bank;

6) decision on approval of the charter of stabilization bank;

7) the order to persons designated to perform activities for management of stabilization bank:

sign the charter of stabilization bank;

register stabilization bank in judicial authorities;

sign the contract with the registrar of stabilization bank;

sign the prospectus of share issue of bank for state registration in authorized body;

8) information on the registrar of stabilization bank;

9) the order of temporary administration of bank to transfer assets and liabilities to the created stabilization bank;

10) the date of entry into force of the decision;

11) other conditions, including concerning use of the room necessary for carrying out banking and other activities, the equipment, the software of bank, and also provision of information to credit bureau.

3. The stabilization bank is created in form of business of joint-stock company taking into account the features provided by the Law on banks.

4. The decision on creation of stabilization bank is made by Board of authorized body and published by authorized body in two periodic printing editions distributed in all territory of the Republic of Kazakhstan, in the Kazakh and Russian languages.

Chapter 2. Procedure for receipt by stabilization bank of the license for carrying out banking and other activities

5. The license for implementation of separate types of banking and other activities by stabilization bank is issued to person, the representative to perform activities for management of stabilization bank, after submission of the following documents by this person:

1) statements;

2) notarially attested copy of the charter and the copy of the reference or the certificate on state registration (re-registration) of the applicant as the legal entity;

3) No. 50 Is excluded according to 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 29.03.2010

4) the document confirming payment in the budget of the license fee on the occupation right with separate types of activity.

The list of the banking and other activities specified in the license is determined by authorized body depending on the assets and liabilities transferred to stabilization bank.

6. The authorized body grants to stabilization bank the license for carrying out banking and other activities in the form established by appendix to these rules

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