PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2012 No. 458

About some questions of National Bank of the Republic of Kazakhstan

According to subitems 1) and 3) Item 2 of article 17-1 of the Constitutional law of the Republic of Kazakhstan "About the President of the Republic of Kazakhstan" POSTANOVLYAYU:

1. Form Committee on consumer protection of financial services of National Bank of the Republic of Kazakhstan.

2. Abolish Committee on development of regional financial center of the city of Almaty of National Bank of the Republic of Kazakhstan.

3. Bring in the Presidential decree of the Republic of Kazakhstan of December 31, 2003 No. 1271 "About approval of the Provision and structure of National Bank of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2004, No. 50, Art. 640; 2005, No. 39, Art. 555; 2006, No. 35, Art. 373; 2007, No. 42, Art. 479; 2008, No. 3, Art. 38; No. 35, Art. 364; 2009, No. 15, Art. 106; No. 55, Art. 446; 2011, No. 29, Art. 352; No. 34, Art. 408; No. 52, Art. 710) following changes and amendments:

The regulations on National Bank of the Republic of Kazakhstan approved by the above-named Decree to be reworded as follows soglasnoprilozheniya to this Decree.

In structure of National Bank of the Republic of Kazakhstan approved by the above-named Decree:

in Section 1:

1, to state line, sequence number in the following edition:

"1. Department of researches and strategy";

add in the line, sequence number 1-1, of the following content:

"1-1. Department of statistics";

add in the line, sequence number 9-1, of the following content:

"9-1. Department on development of regional financial center of the city of Almaty and Islamic financing";

14, to state line, sequence number in the following edition:

"14. Financial department";

15, to exclude line, sequence number

in Section 5:

2, to exclude line, sequence number;

add in the line, sequence number 3, of the following content:

"3. Committee on consumer protection of financial services of National Bank of the Republic of Kazakhstan".

4. To National Bank of the Republic of Kazakhstan:

1) to approve regulations on the committee specified in Item 1 of this Decree;

2) to take other measures for implementation of this Decree.

5. This Decree becomes effective from the date of signing.

 

Appendix

to the Presidential decree of the Republic of Kazakhstan of December 29, 2012 No. 458

Approved by the Presidential decree of the Republic of Kazakhstan of December 31, 2003 No. 1271

Regulations on National Bank of the Republic of Kazakhstan

1. General provisions

1. The National Bank of the Republic of Kazakhstan (further - National Bank of Kazakhstan) is state body, directly subordinate and accountable to the President of the Republic of Kazakhstan, providing development and carrying out monetary policy of the state, functioning of payment systems, proper level of protection of the rights and legitimate interests of consumers of financial services, promoting stability of financial system, performing statistical activities in the field of monetary statistics and statistics of the external sector, currency control and control, state regulation, control and supervision of the financial market and the financial organizations, and also other persons within competence, regulation of functioning of regional financial center of the city of Almaty.

2. The National Bank of Kazakhstan has departments:

1) Committee on control and supervision of the financial market and financial organizations of National Bank of the Republic of Kazakhstan;

2) Committee on consumer protection of financial services of National Bank of the Republic of Kazakhstan.

3. The National Bank of Kazakhstan is Central Bank of the Republic of Kazakhstan, represents the top (first) level of bank system of the Republic of Kazakhstan, performs the activities according to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan, and also this Regulations on National Bank of the Republic of Kazakhstan (further - the Provision).

The National Bank of Kazakhstan coordinates the activities with the Government of the Republic of Kazakhstan and holds with it regular consultations.

National Bank of Kazakhstan, being guided by the Strategy of development for Kazakhstan till 2030, considers economic policy of the Government of the Republic of Kazakhstan and promotes its realization if it does not contradict accomplishment of its main functions and implementation of monetary policy.

The government of the Republic of Kazakhstan does not bear responsibility according to obligations of National Bank of Kazakhstan as well as the National Bank of Kazakhstan does not bear responsibility according to obligations of the Government of the Republic of Kazakhstan, except as specified, when it assumes such responsibility.

Bodies of the representative and executive authority of the Republic of Kazakhstan have no right to interfere with activities of National Bank of Kazakhstan, its branches, representations, departments and organizations for realization of their legislatively fixed powers.

The National Bank of Kazakhstan in case of accomplishment of the tasks shall not be guided by the profit earning purpose.

4. The National Bank of Kazakhstan is legal entity in form of business of public institution, has separate balance and together with the branches, representations, departments and the organizations constitutes single centralized structure with the vertical scheme of subordination.

The National Bank of Kazakhstan has seal with the image of the State Emblem of the Republic of Kazakhstan and the name in official language, stamps, and also own emblem and forms of the established sample.

The National Bank of Kazakhstan according to legal acts of the Republic of Kazakhstan can open the branches and representations in the Republic of Kazakhstan and beyond its limits taking into account the legislation of the country of their stay.

Enter into single centralized structure of National Bank of Kazakhstan the central office consisting of departments and other independent divisions, branches, representations, departments and the organizations.

Branches of National Bank of Kazakhstan (further - branch) open according to the solution of the Board of directors of National Bank of Kazakhstan, are accountable to it and perform the activities within the powers established by National Bank of Kazakhstan.

The structure of branch approved by the Board of directors of National Bank of Kazakhstan can include departments and other divisions which legal status and powers are determined by regulations on branch.

The branch in the activities is independent of local authorities of the government and does not bear responsibility according to obligations of the state, except as specified, when such responsibility is conferred on it by National Bank of Kazakhstan.

The National Bank of Kazakhstan bears responsibility according to obligations of branch.

In the activities the branch is guided by the legislation of the Republic of Kazakhstan, regulatory legal acts of the Republic of Kazakhstan, resolutions of Board and the Board of directors, orders, orders of National Bank of Kazakhstan, the Provision and regulations on branch of National Bank of Kazakhstan.

The procedure for opening and closing of branch, its power, task and function, are determined by the legislation of the Republic of Kazakhstan, regulations on branch of National Bank of Kazakhstan and other regulatory legal acts of National Bank of Kazakhstan.

Management of activities of branch is performed by his director appointed to position (dismissed) by the Chairman of National Bank of Kazakhstan, with preliminary approval of candidate for National Bank of Kazakhstan by the Board of directors.

The branch director performs the activities based on regulations on branch and the general power of attorney of National Bank of Kazakhstan.

Representative offices of National Bank of Kazakhstan open according to the solution of the Board of directors of National Bank of Kazakhstan both in the territory of the Republic of Kazakhstan, and out of it, and perform protection and representation of interests of National Bank of Kazakhstan within the powers established by National Bank of Kazakhstan.

The procedure for opening, closing of representations, their powers and legal status are determined by regulations on representative offices of National Bank of Kazakhstan.

Management of activities of Representation is performed by the chief representative appointed to position (dismissed) by the Chairman of National Bank of Kazakhstan, with preliminary approval of candidate for National Bank of Kazakhstan by the Board of directors.

The chief representative performs the activities based on regulations on representation and the general power of attorney of National Bank of Kazakhstan.

Departments of National Bank of Kazakhstan (further - departments) are legal entities, are formed in the form of republican public institutions, are subject to state registration in the procedure established by the legislation of the Republic of Kazakhstan and enter into single centralized structure of National Bank of Kazakhstan.

The decision on education, abolition and reorganization of departments is accepted by the President of the Republic of Kazakhstan on representation of the Chairman of National Bank of Kazakhstan.

The subject and the purposes of activities of departments, their competence are determined by the legislation of the Republic of Kazakhstan, the Provision, regulations on departments and other regulatory legal acts of National Bank of Kazakhstan.

The provision, structure and limit of the number of staff of departments affirm the Board of directors of National Bank of Kazakhstan.

Other questions connected with internal activities of National Bank of Kazakhstan and its departments are established by regulations of work of National Bank of Kazakhstan, regulations on structural divisions both other internal regulatory legal acts and legal acts of National Bank of Kazakhstan.

The organizations of National Bank of Kazakhstan are republican legal entities, are created in the form of the republican state companies, are subject to state registration in the procedure established by the legislation of the Republic of Kazakhstan and enter into single centralized structure of National Bank of Kazakhstan.

The National Bank of Kazakhstan in relation to the organizations created by it is their founder and authorized state body performing in relation to them functions of the person of law of republican property including powers on regulation of their activities and decision making about change of legal status of the called organizations.

The National Bank of Kazakhstan independently determines subject and the purposes of activities of the organizations created by it, and also their type (on the right of economic maintaining or operational management), approves their charters, changes and amendments in them.

The decision on creation, reorganization, change of the name, increase or reduction of the authorized capital, liquidation and alienation of the organizations is accepted by the Board of directors of National Bank of Kazakhstan.

The procedure for creation, reorganization, liquidation, subject and the purposes of activities, legal status and authorized competence of the organizations and their bodies are determined by the legislation of the Republic of Kazakhstan, their charters, the Provision and other regulatory legal acts of National Bank of Kazakhstan.

The articles of organization affirm the Board of directors of National Bank of Kazakhstan.

Branches, representations, departments and the organizations of National Bank of Kazakhstan have the seal and forms of the established sample.

5. The National Bank of Kazakhstan enters the civil relations from own name.

6. The National Bank of Kazakhstan has the right to act on behalf of the state if he is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The National Bank of Kazakhstan on the basis and in pursuance of the laws of the Republic of Kazakhstan on the questions carried to its competence adopts the regulatory legal acts obligatory for execution by all financial organizations, consumers of financial services, other physical persons and legal entities in the territory of the Republic of Kazakhstan.

Regulatory legal acts of National Bank of Kazakhstan are published in official publications", aza, camp, ltta, Bank, N, Habarshysa", "the Bulletin of National Bank of Kazakhstan" in the Kazakh and Russian languages.

8. The structure and the general number of staff of National Bank of Kazakhstan affirm the President of the Republic of Kazakhstan.

9. Location of central office of National Bank of Kazakhstan: 050040, city of Almaty, residential district "Koktem-3", house 21.

10. Full name of state body - Republican public institution "National Bank of the Republic of Kazakhstan".

11. The provision is the constituent document of National Bank of Kazakhstan.

12. Financing of activities of National Bank of Kazakhstan is performed from the budget (expense budget) of National Bank of Kazakhstan.

Type of property of National Bank of Kazakhstan - republican state-owned property.

13. The National Bank of Kazakhstan has the right to make banking activities and other services on paid basis. Types and the amount of payment for the services provided to them are determined by National Bank of Kazakhstan independently.

The National Bank of Kazakhstan does not levy payment for the banking and other services rendered to the Government of the Republic of Kazakhstan and the central authorized body on budget implementation, except for services in management of National fund of the Republic of Kazakhstan, other funds and the organizations.

2. Mission, main objectives, functions, rights and obligations of National Bank of Kazakhstan

14. The mission of National Bank of Kazakhstan - achievement of price stability and stability of financial system.

15. The following tasks are assigned to National Bank of Kazakhstan:

1) development and carrying out monetary policy of the state (the subitem 1) article 7 of the Law of the Republic of Kazakhstan of March 30, 1995 No. 2155 "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank);

2) ensuring functioning of payment systems (subitem 2) article 7 of the Law on National Bank);

3) implementation of currency control and currency exchange control (subitem 3) article 7 of the Law on National Bank);

4) assistance to ensuring stability of financial system (subitem 4) article 7 of the Law on National Bank);

5) regulation, control and supervision of the financial market and the financial organizations, and also other persons within competence (the subitem 5) article 7 of the Law on National Bank);

6) ensuring proper level of protection of the rights and legitimate interests of consumers of financial services (subitem 6) article 7 of the Law on National Bank);

7) implementation of statistical activities in the field of monetary statistics and statistics of the external sector (the subitem 7) article 7 of the Law on National Bank);

8) other tasks according to the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan (the subitem 8) article 7 of the Law on National Bank).

16. According to the tasks assigned to National Bank of Kazakhstan the National Bank of Kazakhstan, including its territorial branches and its departments, performs the functions specified in the Provision.

17. Functions of central office of National Bank of Kazakhstan:

Develops 1) and pursues the state monetary policy of the Republic of Kazakhstan (the subitem 1) of article 8 of the Law on National Bank);

2) considers offers of authorized body on budget implementation in case of development and realization of policy of the state borrowing, forming of the budget policy on issues, connected with monetary policy of the state (article 25 of the Law on National Bank);

3) approves monthly amounts of release of government securities and repayment of public debt of the Government of the Republic of Kazakhstan taking into account their impact on liquidity of bank system and priorities of monetary policy, condition of the admission of the financial organizations to primary placement of the government securities issued according to the decision of the Government of the Republic of Kazakhstan (part three of article 27 of the Law on National Bank);

4) is performed by regulation of the address of government securities of the Government of the Republic of Kazakhstan and local executive bodies in coordination with the central authorized body on budget implementation (article 28 of the Law on National Bank);

5) will be organized by cash circulation in the territory of the Republic of Kazakhstan (the subitem 3) of article 8 of the Law on National Bank);

6) performs functions of bank, banks (the subitem 30) of Article 8 and article 52 of the Law on National Bank);

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