RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 26, 2012 No. 136

About approval of Rules of provision of loans or placements of deposits by the organization performing obligatory guaranteeing deposits in bank (banks) - the participant (participants) assuming (assuming) obligations on the guaranteed deposits

According to the Law of the Republic of Kazakhstan of July 7, 2006 "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan" Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of loans or placement of deposits by the organization performing obligatory guaranteeing deposits in bank (banks) the participant (participants) assuming (assuming) obligations on the guaranteed deposits.

2. Recognize 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 November 28, 2008 No. 190 "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 September 23, 2006 No. 210 "About approval of Rules of provision of loans and placements of deposits by the organization performing obligatory guaranteeing deposits, in bank(s) - the participant(s) accepting obligations on the guaranteed deposits" (registered in the Register of regulatory legal acts of the Republic of Kazakhstan at No. 5451).

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

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 136

Rules of provision of loans or placement of deposits by the organization performing obligatory guaranteeing deposits in bank (banks) - the participant (participants) assuming (assuming) obligations on the guaranteed deposits

These rules of provision of loans or placement of deposits by the organization performing obligatory guaranteeing deposits in bank (banks) - the participant (participants) assuming (assuming) obligations on the guaranteed deposits (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 7, 2006 "About obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan" (further - the Law) and determine procedure and features of provision by the organization performing obligatory guaranteeing deposits, loans or placement of deposits in bank (banks) - the participant (participants) assuming (assuming) obligations of bank on the guaranteed deposits in the course of carrying out transaction on simultaneous transfer of assets and obligations of bank in part or in complete size before physical and (or) legal entities to another (another) to bank (banks).

1. General provisions

1. For application of Rules the concepts established by the Law are used.

2. In the course of carrying out transaction on simultaneous transfer of assets and obligations of bank in parts or in complete size before physical and (or) legal entities of bank to another (another) to bank (banks), the organization performing obligatory guaranteeing deposits grants loans or places deposits in bank (banks) - the participant (participants) assuming (assuming) obligations on the guaranteed deposits, for the purpose of timely execution by it (them) obligations on servicing of deposits of bank, according to the procedure, provided by Rules.

3. The organization performing obligatory guaranteeing deposits provides loan to bank (banks) - the participant (participants) or places the deposit in it (them) at the expense of means of the special reserve.

4. The cumulative size reflected by the organization performing obligatory guaranteeing deposits, to bank (banks) - to the participant (banks) of borrowed funds or placed by it in bank (banks) - the participant (participants) of deposits does not exceed the amount which is subject to payment as warranty compensation for all bank depositors which obligations are offered to transfer.

The loan amount, provided to separate participating bank, or deposit amount, placed in it, does not exceed the size of obligations assumed by separate participating bank on the guaranteed deposits.

5. The decision on provision of loan to participating bank or placement of the deposit at it is accepted by the organization performing obligatory guaranteeing deposits within 7 (seven) working days from the date of receipt of the petition from participating bank.

2. Procedure for provision of loans

7. The organization performing obligatory guaranteeing deposits grants loans to bank (banks) - the participant (participants) assuming (assuming) obligations on the guaranteed domestic currency deposits for a period of up to 3 (three) years.

8. The remuneration rate on the granted loan does not exceed official rate of refinancing of National Bank of the Republic of Kazakhstan operating for date of the conclusion of the loan agreement.

9. For receipt of loan the participating bank which showed willingness to accept assets and liabilities of bank, in part or in complete size before physical and (or) legal entities, including obligations on the guaranteed deposits provides in the organization performing obligatory guaranteeing deposits:

1) the petition for provision of loan with indication of the loan purpose;

2) copies of constituent documents;

3) data on lack of overdue debt on earlier obtained loans;

4) the copy of the audit report of the financial reporting of bank for the expired financial year;

5) the copy of the financial reporting of bank for the last month;

6) the conclusion of authorized body about observance of prudential standard rates within the last 12 (twelve) months before submission of the petition for provision of loan and about lack of the operating limited corrective actions and sanctions provided by the bank law of the Republic of Kazakhstan applied concerning bank;

7) copies of the documents confirming the property right regarding pledge;

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