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 February 28, 2011 No. 19

About approval of Rules of provision of banking services and considerations by banks of addresses of the clients arising in the course of provision of banking services

For the purpose of realization of Item 2 of article 31 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 provision of banking services and consideration by banks of addresses of the clients arising in the course of provision of banking services (further - Rules).

2. This resolution becomes effective after two months after day of its first official publication.

3. To department of consumer protection of financial services (Usenbekova L. E.):

1) together with Legal department (Sarsenov N. V.) to take measures to state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) in ten-day time from the date of state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan to bring it to the attention of the interested divisions of the Agency, Associations of legal entities "The association of financiers of Kazakhstan" and "National economic chamber of Kazakhstan "the Union of Atameken.

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.

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 February 28, 2011 No. 19

Rules of provision of banking services and consideration by banks of addresses of the clients arising in the course of provision of banking services

These rules of provision of banking services and consideration by banks of addresses of the clients arising in the course of provision of banking services (further - Rules), are developed according to Item 2 of article 31 of 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) for the purpose of enhancement of system of representation of banking services and determination of procedure for consideration by banks of addresses of the clients arising in the course of provision of banking services.

Chapter 1. General provisions

1. In these rules the following concepts are used:

1) banking services - implementation by banks, the organizations performing separate types of banking activities (further - banks) banking and other activities, the stipulated in Clause 30 Laws on banks;

2) the client - the physical person or legal entity which is the consumer of banking services or intending to use banking services;

3) authorized body - state body on regulation and supervision of the financial market and the financial organizations.

2. The bank provides banking services according to the Law on banks, these rules, and also rules about general terms of carrying out transactions and rules about domestic credit policy.

3. The procedure for provision of banking services includes:

1) procedure for disclosure by bank of information on the provided banking services and consultations of clients;

2) procedure for provision of separate types of banking services and work with insolvent clients.

Chapter 2. Procedure for disclosure by bank of information on the provided banking services and consultations of clients

4. In case of the appeal of the client to bank for the purpose of obtaining the bank on the first demand of the client provides of banking service to it for acquaintance of the rule about general terms of carrying out transactions, the following data and procedures containing according to Item 2 of article 31 of the Law on banks:

Limiting 1) the amounts and terms of the accepted deposits and the granted loans;

Limiting 2) sizes of rates of remuneration on deposits and the credits;

3) conditions of payment of remuneration on deposits and credits;

4) requirements to the providing accepted by bank;

5) rates and rates for carrying out banking activities;

6) decision making deadlines about provision of banking services;

7) procedure for consideration of addresses of the clients arising in the course of provision of banking services;

8) rights and obligations of bank and its client, their responsibility;

9) rights and obligations of Islamic bank and its client, condition of carrying out banking activities of Islamic bank and related risks;

10) regulations on operating procedure with clients;

11) other conditions, requirements and restrictions which the board of directors of bank considers necessary to include in general terms of carrying out transactions.

5. The regulations of bank on operating procedure with clients contain:

1) procedure and term of consideration of the application about provision of banking service by each type of banking service (in need of filing of application);

2) procedure for rendering banking services.

6. Rules about general terms of carrying out transactions are stated with observance of regulations of the literary language and terms of law, with disaggregation of the provided terms. In rules about general terms of carrying out transactions availability of discrepancies is not allowed.

7. The bank places in branches (their rooms), in the absence of branches - at the central office in the place available to review and acquaintance, and on the Internet resource up-to-date information about rates and rates for banking services with indication of data on approval dates and modification of effective rates and rates, numbers of internal documents and body, approved (accepted) them.

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