RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 26, 2012 No. 128

About approval of the Instruction about measures for maintenance by bank holding, and also the large member of bank, coefficients of sufficiency of equity of bank and banking conglomerate

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 the enclosed Instruction about measures for maintenance by bank holding, and also the large member of bank, coefficients of sufficiency of equity of bank and banking conglomerate.

2. Recognize invalid:

2) Item 3 of 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 31, 2011 No. 8 "About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of banks of the second level" (registered in the Register of state registration of regulatory legal acts at No. 6795, published on October 7, 2011 in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan, No. 11).

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. 128

The instruction about measures for maintenance by bank holding, and also the large member of bank, coefficients of sufficiency of equity of bank and banking conglomerate

This Instruction about measures for maintenance by bank holding, and also the large member of bank, coefficients of sufficiency of equity of bank and banking conglomerate (further - the Instruction) is developed according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (dalee-Zakon about banks) and establishes measures for maintenance by bank holding, and also the large member of bank, coefficients of sufficiency of equity of bank and banking conglomerate.

1. The bank holding, and also the large member of bank take the measures provided by the Instruction, for maintenance of coefficients of sufficiency of equity of bank and banking conglomerate at the level established by authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) in resolutions 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", registered in the Register of state registration of regulatory legal acts at No. 7601 (further – the resolution No. 92), and of May 30, 2016 No. 147 "About establishment of 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 and Rules of calculation and limits of open foreign exchange position of bank", registered in the Register of state registration of regulatory legal acts at No. 13919 (further - the resolution No. 147).

Measures for maintenance of coefficients of sufficiency of equity of bank and banking conglomerate include:

1) availability of the internal documents of bank holding providing obligatory for observance of condition by bank holding and procedure for application of measures for maintenance of coefficients of sufficiency of equity of bank and banking conglomerate, including the corresponding Instructions;

2) permanent providing coefficients of sufficiency of equity of bank and banking conglomerate;

3) operational providing coefficients of sufficiency of equity of bank and banking conglomerate.

2. The internal documents of bank holding establishing obligatory for observance of condition by bank holding and procedure for application of measures for maintenance of coefficients of sufficiency of equity of bank and banking conglomerate contain:

1) conditions and procedure for application by bank holding of measures for maintenance of the coefficients of sufficiency of equity of bank and banking conglomerate corresponding to the Instruction;

The complete list died 2) on maintenance of the coefficients of sufficiency of equity of bank and banking conglomerate established by the Instruction.

3. Measures of permanent providing coefficients of sufficiency of equity of bank and banking conglomerate include the following:

1) quarterly assessment of financial condition of banking conglomerate and members of banking conglomerate on the basis of the analysis of quarterly consolidated financial statements of banking conglomerate and the quarterly financial reporting of his participants for the purpose of check of observance of the prudential standard rates and other limits, obligatory to observance, by banking conglomerate and its participants established by regulatory legal acts of authorized body if concerning the member of banking conglomerate prudential standard rates and limits, obligatory to observance, are established;

2) annual control of availability of risk management systems and internal control in the bank having bank holding and (or) large members of bank, including assessments of conformity of the specified systems to the requirements established by the resolution of Board of National Bank of the Republic of Kazakhstan of February 26, 2014 No. 29 "About approval of Rules of forming of risk management system and internal control for banks of the second level", registered in the Register of state registration of regulatory legal acts at No. 9322;

3) annual control of availability in the bank having bank holding and (or) large members of bank, internal regulations and procedures for maintenance of coefficients of sufficiency of equity of bank and the members of banking conglomerate provided in Item 5 of the Instruction.

4. The bank holding, and also the large member of bank, except measures of permanent providing coefficients of sufficiency of equity of bank and banking conglomerate, apply measures of operational providing.

5. Measures of operational providing are applied for the purpose of increase in equity of bank and banking conglomerate in case of decrease in coefficients of sufficiency of equity of bank and banking conglomerate below the normative values established by authorized body.

Measures of operational providing provide:

procedures of maintenance of coefficients of sufficiency of equity of bank and banking conglomerate;

procedures for change of structure of assets of bank and banking conglomerate;

procedures for change of organizational structure of bank and banking conglomerate;

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