RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of June 2, 2000 No. 266

About approval of Rules of opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan

For the purpose of reduction of regulatory legal acts of National Bank of the Republic of Kazakhstan in compliance with the current legislation the Board of National Bank of the Republic of Kazakhstan decides:

1. Approve the enclosed Rules of opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan in the new edition and to enact it after 10 days from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

2. From the date of enforcement of this resolution to recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of March 4, 1997 No. 61 "About the Instruction "About procedure for opening, maintaining and closing of bank accounts of clients in banks of the second level";

2) the resolution of Board of National Bank of the Republic of Kazakhstan of December 23, 1998 No. 287 "About approval of changes and amendments in the Instruction about procedure for opening, maintaining and closing of bank accounts of clients in banks of the second level".

3. To legal department (Sharipov S. B.):

1) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring this resolution to the attention of the interested divisions of central office, territorial branches of National Bank of the Republic of Kazakhstan and banks of the second level.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Nalibayev A. Z.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of June 2, 2000 No. 266

Rules of opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan

1. General provisions

1. These rules are developed according to the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 and the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (further - the Civil code), the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) and the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and determine procedure for opening, refusal in opening, maintaining and closing of bank accounts of clients in the banks of the Republic of Kazakhstan and the organizations performing opening and maintaining bank accounts of legal entities and physical persons based on the license of National Bank of the Republic of Kazakhstan and also in case the law of the Republic of Kazakhstan regulating activities of such organization provides possibility of implementation of the specified transactions without license (further - banks).

2. In these rules the concepts provided by the Civil code, the Tax code, the Law of the Republic of Kazakhstan of June 29, 1998 "About payments and money transfers" are used (further - the Law on payments).

3. It is excluded

4. Bank accounts are subdivided into the current, savings and correspondent accounts, open and kept both in tenge, and in foreign currency, except for case, stipulated in Item 37-1 these rules.

The current and savings accounts - bank accounts of physical persons and legal entities, separate divisions of legal entities (branches and representations).

Correspondent accounts - bank accounts of the banks and organizations performing separate types of banking activities.

5. The procedure for opening of bank accounts in National Bank of the Republic of Kazakhstan is determined by special regulatory legal acts of National Bank of the Republic of Kazakhstan.

6. Features of opening, maintaining and closing of correspondent accounts are established by separate regulatory legal acts of National Bank of the Republic of Kazakhstan.

6-1. Opening to the client of the bank account is made after acceptance by bank of the measures for proper check provided by the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Law on counteraction to laundering of the income).

The refusal in opening of bank accounts is performed in cases and on the bases provided by the Tax code, the Law on payments, the Law on counteraction to laundering of the income and also in cases of non-presentation of the documents provided by these rules or non-executions of the transaction between the client and bank.

7. It is excluded

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