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The document ceased to be valid since  February 27, 2017 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 312

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. 183

About approval of Rules of management of stabilization bank, the conclusions of transactions concerning which making special conditions, and the terminations of activities of stabilization bank are established

(as amended on 25-02-2013)

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", subitem 9-1) of article 10 of the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation and supervision of the financial market and the financial organizations" 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 management of stabilization bank, the conclusions of transactions concerning which making special conditions, and the terminations of activities of stabilization bank are established.

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

3. To department of strategy and analysis (Abdrakhmanov N. A.):

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".

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 Chairman of the Agency Bakhmutova E. L.

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. 183

Rules of management of stabilization bank, the conclusions of transactions concerning which making special conditions, and the terminations of activities of stabilization bank are established

These rules are developed 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 management of stabilization bank, the conclusions of transactions concerning which making special conditions, and the terminations of activities of stabilization bank are established.

1. For the purpose of protection of the rights of depositors and creditors the temporary administration of bank (the interim manager of the bank) (further - temporary administration) which is in conservation regime (further - problem bank), makes in authorized body the offer on carrying out transaction on transfer of assets and obligations of problem bank to stabilization bank.

The authorized body for the purpose of implementation of actions on transfer of assets and obligations of problem bank makes the decision on creation of stabilization bank and charges to temporary administration carrying out transaction on transfer of the specified assets and liabilities to stabilization bank.

2. Transfer of obligations of problem bank to stabilization bank is performed with the consent of depositors and (or) creditors of problem bank.

For the purpose of receipt of consent of depositors and creditors by temporary administration the announcement of transfer of assets and (or) obligations of bank is published in part or in complete size. The announcement is published in the periodic printing editions distributed in all territory of the Republic of Kazakhstan, in the Kazakh and Russian languages.

Lack of written objection from depositors and (or) creditors of problem bank within five calendar days from the date of the publication of the announcement is considered as the consent of depositors and (or) creditors to transfer of obligations.

3. The temporary administration within five calendar days from the date of the expiration of presentation by depositors of objections creates lists of the depositors and (or) creditors concordant on transfer and their obligations which refused transfer to another (another) to bank (banks).

4. Transfer of assets and obligations of problem bank to stabilization bank is performed on condition of availability of assets in the amount of sufficient for covering transferred obligations.

5. The temporary administration of problem bank carries out assessment of assets and develops the Plan of activities of stabilization bank.

6. In stabilization bank the highly liquid assets of problem bank specified in Item 43 of the Instruction on normative values and the technique of calculations of prudential standard rates for banks of the second level 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 September 30, 2005 No. 358 "About approval of the Instruction about normative values and technique of calculations of prudential standard rates for banks of the second level" (registered in the Register of state registration of regulatory legal acts at No. 3924) are transferred.

7. Transfer of obligations of problem bank in stabilization bank is performed in the following priority:

1) first of all deposits of physical persons join;

2) the second priority joins obligations to the accumulation pension funds, insurance companies, legal entities whose hundred percent of voting shares belong (are delivered in trust management) to Joint-stock company "The national welfare fund "Samruk-Kazyna" or activities of which is financed by republican or local budgets;

3) the third queue joins deposits of other legal entities.

8. The stabilization bank performs the activities according to the Plan of activities of stabilization bank which contains the following information:

1) share of credit portfolio of problem bank in cumulative loans of bank system, share of the deposits attracted with problem bank in cumulative deposits of bank of the second level;

2) share of the expenses connected with activities of stabilization bank in the total expenses connected with implementation of transaction on simultaneous transfer of assets and obligations of bank to another (another) to bank (banks) and also in total expenses of the organization performing obligatory guaranteeing deposits on payment of warranty compensation;

3) description and assessment of all assets and liabilities of stabilization bank;

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