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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 80

About approval of Rules of calculation of total volume of all nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan

(as amended on 24-02-2021)

According to the Law of the Republic of Kazakhstan of December 28, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning banking regulation and the financial organizations regarding risk minimization" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of calculation of total volume of all of the nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related by the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan.

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

Chairman of National Bank

G. Marchenko

Approved by the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 80

Rules of calculation of total volume of all nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan

These rules are developed according to part two of Item 3 of article 8-1 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) and establish procedure of payments of total volume of all of the nonresident banks of the Republic of Kazakhstan issued by banks of the second level, branches (further - banks) bank loans and bank guarantees to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan.

1. The total volume of all bank loans and bank guarantees specified in Items 1 and 2 of article 8-1 of the Law on banks does not exceed 50 (fifty) percent of equity of bank - by each bank, except for loans and bank guarantees issued to the affiliated organizations of bank acquiring doubtful and (or) bad assets of parent bank which cumulative size is determined according to the Normative values and techniques of calculations of prudential standard rates and other regulations, obligatory to observance, and limits of the size of the capital of bank for certain date approved by the resolution of Board of National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170, registered in the Register of state registration of regulatory legal acts at No. 15886 (further - Standard rates No. 170).

2. Measure calculation of total volume is calculated by the following formula:  

Формула к Пост. НБ от 24.02.2012 №80

where:

BZ - the amount of principal debt on the issued bank loans specified in Items 1 and 2 of article 8-1 of the Law on banks;

BG - the issued bank guarantees on all amount of agreement obligations of the bank guarantee specified in Items 1 and 2 of article 8-1 of the Law on banks;

The joint venture - the amounts of the created reserves according to requirements of international accounting standards, except the reserves created under requirements to the affiliated organizations of bank acquiring doubtful and (or) bad assets of parent bank;

WITH - the providing amount on the bank loans and bank guarantees specified in Items 1 and 2 of article 8-1 of the Law on banks except providing according to obligations of the affiliated organizations of bank acquiring doubtful and (or) bad assets of parent bank;

SBA - the amount of principal debt according to requirements of bank to the affiliated organizations of bank acquiring doubtful and (or) bad assets of parent bank;

SK - the equity calculated according to Standard rates No. 170.

3. In cases when the total volume of all bank loans and bank guarantees specified in Items 1 and 2 of article 8-1 of the Law on banks for date of emergence of the requirement to borrowers was in limits of the size established by these rules, but subsequently exceeded the specified restrictions in connection with decrease in level of equity bank and no more than for 5 (five) percent within the last three months or in connection with increase in requirements of bank to the borrower because of increase in the weighted stock exchange rate of tenge to foreign currencies in which requirements to the borrower more than for ten percent within the last three months are expressed, the indicator is considered executed.

4. In the specified cases the bank from the date of detection of excess notifies authorized body on the fact of excess of restrictions and assumes obligations on elimination of excess within the current and next months. If this excess is not eliminated in time, specified in the notification, excess of indicator is considered as violation of this indicator from the date of identification of the specified excess.

5. If the borrower of bank for date of emergence of the obligation to bank was not the face tied with bank the special relations, but in consequence became that, then in case of excess of the size of indicator the specified excess will not be considered as violation under condition if the bank from the date of detection of excess notifies authorized body on this excess with confirmation of capability of the borrower to provide collateral security or to perform part of requirements of bank to the size necessary for observance of the size of indicator, and adoption of obligations on elimination of this violation in the terms established by authorized body.

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