RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 67

About approval of Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent.

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan according to appendix to this resolution.

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

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 67

The list of the regulatory legal acts recognized invalid

2. 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 October 29, 2008 No. 174 "About entering of amendment and change into 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 January 25, 2008 No. 7 "About approval of Rules of issue, refusal in issue and withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, the large member of the open-end accumulation pension fund" (registered in the Register of state registration of regulatory legal acts at No. 5397).

3. 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 27, 2009 No. 33 "About modification and amendments in 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 January 25, 2008 No. 7 "About approval of Rules of issue, refusal in issue and withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, the large member of the open-end accumulation pension fund" (registered in the Register of state registration of regulatory legal acts at No. 5618, published on May 1, 2009 in the Yuridicheskaya Gazeta newspaper No. 65 (1662)).

4. Item 9 of the List of amendments and changes which are made to some regulatory legal acts of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations 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 March 29, 2010 No. 49 "About entering of amendments and changes into some regulatory legal acts of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations" (registered in the Register of state registration of regulatory legal acts at No. 6204, is published in the Kazakhstanskaya Pravda newspaper of September 25, 2010 No. 253254 (26314-26315)).

5. 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 November 29, 2010 No. 172 "About entering of amendments and changes into 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 January 25, 2008 No. 7 "About approval of Rules of issue, refusal in issue and withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, the large member of the open-end accumulation pension fund" (registered in the Register of state registration of regulatory legal acts at No. 6720, published in 2011 in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan No. 7).

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 67

Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent

Chapter 1. General provisions

1. These rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent (further - Rules), 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 December 18, 2000 "About insurance activity" (further - the Law on insurance activity), of July 2, 2003 "About the security market" (further - the Law on the security market), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of April 15, 2013 "About the state services" (further - the Law on the state services), of May 16, 2014 "About permissions and notifications" (further - the Law on permissions and notifications) also establish procedure for issue to physical persons or legal entities (further - the applicant, uslugopoluchatel), response authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body, the service provider) the consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio (further - the large member of the financial organization, bank or insurance holding) and requirements to the documents submitted for receipt of the specified consent.

2. In Rules the concepts applied in the values specified in the Law on banks, the Law on insurance activity, the Law on the security market, the Law on the state services, the Law on permissions and notifications, the Law of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature" and in the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization are used".

Chapter 2. Procedure for issue of consent to acquisition of the status of the large member of the financial organization, bank or insurance holding

3. The statement on acquisition of the status of the large member of the financial organization, bank or insurance holding in any form with appendix of required documents is submitted in electronic form by means of the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal).

The list of the documents necessary for rendering the state service, the bases for refusal in rendering the state service, the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service and the term of rendering the state service are provided in the standard of the state service "Issue of Consent to Acquisition of the Status of the Large Member of Bank and (or) Insurance (Reinsurance) Organization, and (or) Managing Director of Investment Portfolio, and (or) Bank and (or) Insurance Holding" according to appendix 1 to Rules (further - the Standard).

In case of the direction the applicant of the statement through the portal in "private office" automatically displays the status about acceptance of request for rendering the state service with indication of date and time of receipt of result.

4. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of the statement performs its acceptance, registration and the direction on execution in the division responsible for rendering the state service (further - responsible division). In case of receipt of the statement of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan reception of applications is performed the next working afternoon.

5. The employee of responsible division checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents the responsible division prepares and directs motivated refusal in further review of the statement by its direction by means of the portal to private office of uslugopoluchatel:

within 10 (ten) working days from the moment of receipt of documents of uslugopoluchatel for acquisition of the status of the large member of bank, the insurance (reinsurance) organization, bank or insurance holding;

within 5 (five) working days from the moment of receipt of documents of uslugopoluchatel for acquisition of the status of the large member of the managing director of investment portfolio.

The authorized body receives from the corresponding state information systems through lock of "the electronic government" of the data, specified in documents:

proving the identity of the physical person - the resident of the Republic of Kazakhstan;

confirming absence at the physical person - the resident of the Republic of Kazakhstan of not removed or unspent conviction;

about state registration (re-registration) of the legal entity - the resident of the Republic of Kazakhstan.

6. After factual determination of completeness of the submitted documents the responsible division within 36 (thirty six) working days considers documents regarding their compliance to requirements of the legislation of the Republic of Kazakhstan.

In case of identification of the bases for refusal in rendering the state service the authorized body notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for provision to uslugopoluchatel of opportunity to express line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to decision making about refusal in rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of obtaining by uslugopoluchatel of the notification on the provisional solution about refusal in rendering the state service.

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