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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

(In edition of the Resolution of Board of National Bank of the Republic of Kazakhstan of 27.05.2015 No. 93)

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.

Chairman of National Bank

G. Marchenko

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.

6. The organization performing guaranteeing deposits sends to the copy of the decision on provision to participating bank of loan or about placement of the deposit in it to National Bank of the Republic of Kazakhstan (further - authorized body), temporary administration on bank management (the interim manager of bank) on preservation stages, temporary administration (the temporary administrator) of bank to the introduction in legal force of the judgment about involuntary liquidation of bank.

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