RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2013 No. 72

About approval of Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan)

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan Board of National Bank of the Republic KAZAKHSTANPOSTANOVLYAET:

1. Approve the enclosed Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related by the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan).

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 February 25, 2013 No. 72

Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan)

These Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan) (further - Requirements) are developed according to Item 1 of article 8-1 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and establish requirements to issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan (further - banks) bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan).

1. The bank issues bank loans and bank guarantees to physical persons, related by the special relations, within the total volume of all bank loans and bank guarantees which is not exceeding the size established by the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 80 "About approval of Rules of calculation of total volume of all nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan", registered in the Register of state registration of regulatory legal acts at No. 7510 (further - the resolution No. 80), on condition of accomplishment of one of the following conditions:

availability of the corresponding providing which extent and type is established by the Requirement;

the financial condition of physical person is classified as "stable".

2. The bank issues bank loans and bank guarantees to legal entities (residents and nonresidents of the Republic of Kazakhstan), related by the special relations, corresponding to one of conditions of Item 2 of article 8-1 of the Law on banks, within the total volume of all bank loans and bank guarantees which is not exceeding the size established by the resolution No. 80, on condition of accomplishment of one of the following conditions:

availability of the corresponding providing which extent and type is established by the Requirement;

the financial condition of the legal entity is classified as "stable".

3. The bank issues bank loans and bank guarantees to legal entities (residents and nonresidents of the Republic of Kazakhstan), related by the special relations, not corresponding to one of conditions of Item 2 of article 8-1 of the Law on banks, in the amount of no more 0,05 of percent of equity of bank on condition of accomplishment of one of the following conditions:

availability of the corresponding providing which extent and type is established by the Requirement;

the financial condition of the legal entity is classified as "stable".

4. For the purposes of Requirements as the corresponding providing it is understood:

1) the highly liquid providing specified in appendix to Requirements which cost covers at least 90 (ninety) percent of obligations of the borrower on asset;

2) the providing covering in total at least 100 (hundred) percent of obligations of the borrower on asset in type:

- nonresidents of the Republic of Kazakhstan, including the nonresident banks having debt rating the VVV-groups, assigned by the Standard & Poor's agency, or the rating of similar level of one of other rating agencies are not lower than guarantees (guarantees) of legal entities;

- residents of the Republic of Kazakhstan, including the banks having debt rating the VV-groups, assigned by the Standard & Poor's agency, or the rating of similar level of one of other rating agencies are not lower than guarantees (guarantees) of legal entities;

the VV-groups, assigned by the Standard&Poor’s agency, or the rating of similar level of one of other rating agencies are not lower than insurance insurance policies (reinsurance) organizations having score of financial reliability;

- the nonresidents of the Republic of Kazakhstan having debt rating the VVV-groups, assigned by the Standard&Poor’s agency, or the rating of similar level of one of other rating agencies are not lower than the securities issued by the organizations;

the VV-groups, assigned by the Standard&Poor’s agency, or the rating of similar level of one of other rating agencies are not lower than the securities issued by the resident organizations of the Republic of Kazakhstan having debt rating.

As the corresponding providing providing in the form of real estate which cost of providing covers at least 130 (hundred thirty) percent of obligations of the borrower on asset is accepted.

5. For the purposes of Requirements the stable financial condition is understood as the following:

1) concerning the borrower (co-borrower) - the physical person which is not connected with business activity, estimated at the time of issuance of credit:

assessment of financial condition of the borrower (co-borrower) is carried out from the point of view of opportunity regularly and timely to make loan payments, including to mortgage housing loan, the borrower (co-borrower) is capable to extinguish timely and in full loan, including mortgage housing loan according to the analysis of its income and expenses, solvency and its credit history;

sufficiency of the cash of the borrower (co-borrower) necessary for loan repayment, payment of the initial contribution for the dwelling, and also for covering of the expenses connected with the conclusion of transactions on purchase and sale and issue of mortgage housing loan;

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