RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 13, 2000 No. 395

About approval of Rules of implementation of cashless payments and money transfers in the territory of the Republic of Kazakhstan without opening of the bank account

For the purpose of enhancement of the regulatory legal base regulating implementation of cashless payments in the territory of the Republic of Kazakhstan, the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of cashless payments and money transfers in the territory of the Republic of Kazakhstan without opening of the bank account.

2. To management of payment systems (Musayev R. N.):

1) together with Legal department (Sharipov S. 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 branches of National Bank of the Republic of Kazakhstan and banks of the second level.

3. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Zhangeldin E. T.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of October 13, 2000 No. 395

Rules of implementation of cashless payments and money transfers in the territory of the Republic of Kazakhstan without opening of the bank account

1. General provisions

1. These rules of implementation of cashless payments and money transfers in the territory of the Republic of Kazakhstan without opening of the bank account (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and determine procedure of cashless payments and money transfers in the territory of the Republic of Kazakhstan by the banks of the second level and the organizations performing separate types of banking activities (further - banks), without opening to the client of the bank account.

2. Payments and transfers when which implementing the sender of money and (or) the beneficiary do not use bank accounts and which are made by fee of cash for their translation via bank transfer for benefit of the beneficiary specified by the sender of money and (or) receipt of cash by the beneficiary belong to payments and money transfers without opening of the bank account, passing the bank account.

At the same time the cashless payments and money transfers made by legal entities and their divisions are made only when opening of the bank account by them, except for payments by legal entities of payments in the budget, and also voluntary pension contributions and social assignments.

Payment of compulsory pension contributions without opening of the bank account is made by persons having the right to bring pension contributions cash in bank according to the legislation of the Republic of Kazakhstan on provision of pensions.

Payment by the legal entity of services of bank by fee of cash in the amount of, not exceeding one thousand monthly settlement indicators is allowed.

3. Rules do not govern the relations which are connected with physical transfer of cash, passing bank.

4. In Rules the concepts provided in article 3 of the Law of the Republic of Kazakhstan of June 29, 1998 "About payments and money transfers" (further - the Law on payments) and the resolution of Board of National Bank of the Republic of Kazakhstan of April 25, 2000 No. 179 "About approval of the Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders", registered in the Register of state registration of regulatory legal acts at No. 1155 are used (further - the Instruction No. 179).

5. Payments and money transfers without opening of the bank account of the client are made both in tenge, and in foreign currency.

6. Payments and money transfers without opening of the bank account of the client in tenges which are performed between residents and nonresidents or between nonresidents, and also all payments and money transfers in foreign currency are made according to the requirements established by the foreign exchange legislation of the Republic of Kazakhstan.

6-1. The bank (bank receiver, bank of the beneficiary, intermediary bank) stores within five years from the date of transaction making information on the sender of money and/or the beneficiary (the name or surname, name, middle name (in the presence), individual identification code (in the presence), individual identification number (further - IIN) or business and identification number (further - BIN) (in the presence), in case of absence at physical person of individual identification code data of the identity document (for physical person), and the postal address (the country, the city, index, the street, house number and apartments), and also data on the payment registered by the sender of money and money transfer, except as specified, when carrying out measures for proper check of the client according to the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" is not required.

7. Implementation of cashless payments and money transfers without opening of the bank account is made based on receipts, cash receipt orders, accounts notices, receipts notices on payment of payments in the budget, receipts notices on transfer of pension contributions, receipts notices to payment of the social assignments and other documents used for acceptance of cash. These documents are payment documents (further - payment notices). Corrections on the payment notices provided on paper are not allowed.

The requirements established by this Item do not extend to cases of implementation of the payments and money transfers without opening of the bank account made by fee of cash via electronic terminals in bank.

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