of September 25, 2013 No. 29307/2495
The National Bank of the Republic of Kazakhstan sends for data and use in work the letter of the Ministry of Finance of the Republic of Kazakhstan (further - MFRK) to No. KND-2YuL-B-729-13761 of 17.09.2013 concerning submission of data according to the bank account to the receiver.
Rehabilitation and competitive managing directors (liquidator) act as the single authorized body of management of the debtor.
According to Item 1 of article 50 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), the bank secrecy includes data on availability, owners and bank account numbers of depositors, clients and correspondents of bank, on remaining balance and movement of money on these accounts and accounts of the bank, about transactions of bank (except for general terms of carrying out banking activities), and also the data on availability, owners, nature and property value of clients which are stored in safe boxes, cases and premises of bank.
According to the Law of the Republic of Kazakhstan of July 5, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the organization of activities of National Bank of the Republic of Kazakhstan, regulation of the financial market and the financial organizations", enacted since August 4, 2012, the part two of Item 4 of article 50 of the Law on banks is added with the subitem 11) according to which representation to authorized body in the field of bankruptcy and to the receiver of data according to the bank account of person concerning which there is judgment which took legal effect about recognition by the bankrupt is not disclosure of bank secrecy.
At the same time, in view of the questions which are available for banks concerning submission of the data relating to bank secrecy, the receiver in the presence of the copy of the relevant order of authorized body on its appointment and the copy of the judgment about recognition of person by the bankrupt, the National Bank sent inquiry to the relevant state bodies.
In this connection, data according to the bank account of person concerning which there is judgment which took legal effect about recognition by the bankrupt can be provided to the receiver in the presence of the copy of the judgment about recognition by the bankrupt and the copy of the relevant order of authorized body on its appointment.
We ask to be guided by the above-stated explanations further in case of submission of the data relating to bank secrecy, receivers.
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