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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 26, 2012 No. 133

About approval of the Instruction for voluntary liquidation of the insurance (reinsurance) organizations, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan

(as amended on 12-02-2021)

According to the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the Instruction for voluntary liquidation of the insurance (reinsurance) organizations, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan.

2. Recognize invalid the following regulatory legal acts of the Republic of Kazakhstan:

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. 189 "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 March 30, 2007 No. 61 "About approval of Rules of voluntary liquidation of the insurance (reinsurance) organizations" (registered in the Register of state registration of regulatory legal acts at No. 5413).

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. 133

Instruction for voluntary liquidation of the insurance (reinsurance) organizations, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan

This Instruction for voluntary liquidation of the insurance (reinsurance) companies, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan (further – the Instruction) is developed according to the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further – the Law on insurance activity) and establishes features of activities of liquidation commission of voluntarily liquidated insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan (further – liquidation commission), forming and activities of creditor committee of voluntarily liquidated insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, forming and approval of the estimate of liquidating expenses, the requirement for respect of cash discipline by liquidation commission.

1. Date of creation of liquidation commission is considered the beginning of process of voluntary liquidation.

2. The liquidation commission is created by general meeting of shareholders of the insurance (reinsurance) organization, relevant organ of management of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan no later than forty five calendar days from the date of receipt by the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan of the decision of the state body performing state regulation, control and supervision of the financial market and the financial organizations about issue of permission to voluntary liquidation of the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan taking into account branches and representative offices of the insurance (reinsurance) organization.

Change of structure of liquidation commission is performed according to the decision of general meeting of shareholders of the insurance (reinsurance) organization, relevant organ of management of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan.

3. From the date of creation of liquidation commission and before completion of process of liquidation of the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan:

1) powers of general shareholder meeting, other bodies and officials of voluntarily liquidated insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, including on property administration and repayment of obligations of the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, and also their right on management of the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, except as specified, provided by the Instruction stop;

2) the actions performed from name or at the expense of the liquidated insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan have legal force only if they are made by the chairman of liquidation commission, or person to whom by the chairman it is issued drawn up in established by the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (further - the Civil code) procedure the power of attorney on making of these actions;

3) the requirements of property nature relating to the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan are considered by liquidation commission according to the Instruction and the civil legislation of the Republic of Kazakhstan.

4. From the date of creation of liquidation commission pass all powers on administration to it and property of the liquidated insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan.

The liquidation commission takes measures for completion of cases of the insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan, including on ensuring settlings with her creditors and shareholders.

The liquidation commission acts on behalf of the liquidated insurance (reinsurance) organization, branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan and is independent in case of decision making on the questions entering its competence.

5. The chairman of liquidation commission heads work of liquidation commission. In the absence of the chairman of liquidation commission of its obligation the deputy appointed by the chairman from among members of liquidation commission performs.

6. In the presence at the insurance (reinsurance) organization of branches and (or) representations, their liquidation is made by the division of liquidation commission created on places (further - division).

7. The division is headed by his head appointed by the order of the chairman of liquidation commission from among members of liquidation commission (further - the division manager). The division manager performs the activities based on the power of attorney issued to him by the chairman of liquidation commission. The division manager and division are accountable to the chairman of liquidation commission.

8. The rights and obligations of the member of liquidation commission, the division manager, including work payment terms, are determined in the employment contract signed with the chairman of liquidation commission.

Employment is drawn up by the order of the chairman of liquidation commission.

The rights and obligations of the involved worker are determined in the employment contract or the services agreement, and also in the job descriptions on each worker approved by the chairman of liquidation commission.

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