RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 24, 2012 No. 92

About establishment of normative values and techniques of calculations of prudential standard rates and other obligatory limits for banking conglomerate, and also forms and terms of submission of the reporting

According to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve normative values and techniques of calculations of prudential standard rates and other obligatory limits for banking conglomerate, and also form and terms of submission of the reporting, 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. 92

Normative values and techniques of calculations of prudential standard rates and other obligatory limits for banking conglomerate, and also form and terms of submission of the reporting

These Normative values and techniques of calculations of prudential standard rates and other obligatory limits for banking conglomerate, and also form and terms of submission of the reporting (further - Normative values) are developed according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" and establishes normative values and techniques of calculations of prudential standard rates and other obligatory limits for banking conglomerate, and also form and terms of submission of the reporting.

1. The following prudential standard rates are part of prudential standard rates for obligatory observance by banking conglomerate:

minimum size of the authorized capital;

coefficient of sufficiency of equity;

the maximum extent of risk on one borrower.

2. For the purposes of calculation of prudential standard rates for banking conglomerates Normative values use the following concepts:

1) members of banking conglomerate - the group of legal entities consisting of bank holding, bank, and also the affiliated organizations of bank holding and (or) the affiliated organizations of bank and (or) the organizations in which the bank holding and (or) its affiliated organizations have considerable equity participation;

2) risks - the assets, contingent and possible obligations of members of banking conglomerate calculated according to the Instruction about normative values and the technique of calculations of prudential standard rates for banks of the second level 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 September 30, 2005 No. 358 (registered in the Register of state registration of regulatory legal acts at No. 3924) (further - the Instruction No. 358);

3) one borrower of banking conglomerate - physical person or legal entity to which members of banking conglomerate have risks or there can be risks on which members of banking conglomerate assumed liability for the debtor for benefit of the third parties, and also to the bases provided by legal acts of the Republic of Kazakhstan or the signed agreements;

4) group of persons - group of the legal entities and physical persons, owing to certain relations exerting impact at each other;

5) authorized body - National Bank of the Republic of Kazakhstan.

For the purposes of calculation of prudential standard rates for banking conglomerates:

in addition to rating assessment of the Standard&Poor agency "s, authorized body are also recognized rating estimates of the Moody agencies" to s Investors Service and Fitch;

the unconsolidated financial reporting of members of banking conglomerate constituted according to the standards of the financial and (or) regulatory reporting used by authorized body of the country of finding of the member of banking conglomerate for the purpose of prudential regulation is used.

3. The bank holding or bank which does not have bank holding, but having the affiliated organization, quarterly no later than the first day of the second month following reporting quarter submits in authorized body the report on accomplishment of prudential standard rates by banking conglomerate with appendix of the financial reporting of members of banking conglomerate on paper and (or) in electronic format, in form according to appendix 1 to Normative values, except for case, stipulated in Item 3-1 these Normative values.

At the same time the financial reporting of members of banking conglomerate which is earlier provided to authorized body according to the resolution of Board of National Bank of the Republic of Kazakhstan of May 27, 2013 to No. 130 "About approval of forms of the financial reporting of the financial organizations, special finance companies, Islamic special finance companies, microfinancial organizations, Development Bank of Kazakhstan joint-stock company and investment funds, and also Rules of their representation" registered in the Register of state registration of regulatory legal acts at No. 8571, is not attached.

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