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The document ceased to be valid since   June 20, 2020 according to Item 2 of the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of May 25, 2020 No. 57

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 22, 2014 No. 190

About approval of Rules of appointment and release of liquidation commissions of compulsorily liquidated banks, the insurance (reinsurance) organizations and Requirements imposed to the chairman and members of liquidation commission compulsorily liquidated bank, the insurance (reinsurance) organization

(as amended of the Resolution of Board of National Bank of the Republic of Kazakhstan of 26.09.2016 No. 241)

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

1. Approve:

1) Rules of appointment and release of liquidation commissions of compulsorily liquidated banks, the insurance (reinsurance) organizations, according to appendix 1 to this resolution;

2) Requirements imposed to the chairman and members of liquidation commission compulsorily liquidated bank, the insurance (reinsurance) organization, according to appendix 2 to this resolution.

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

1) the resolution of Board of National Bank of the Republic of Kazakhstan of February 25, 2013 No. 71 "About the approval of Rules of appointment and release of liquidation commission which are compulsorily liquidated bank, the insurance (reinsurance) organization and requirements imposed to the chairman and members of liquidation commission" (registered in the Register of state registration of regulatory legal acts at No. 8411, published on June 21, 2013 in the Yuridicheskaya Gazeta newspaper No. 91 (2466);

2) Item 7 of the List of regulatory legal acts of the Republic of Kazakhstan concerning control and supervision of financial institutions to which changes are made, the Board of National Bank of the Republic of Kazakhstan approved by the resolution of August 27, 2013 No. 212 "About modification of some regulatory legal acts of the Republic of Kazakhstan concerning control and supervision of financial institutions" (registered in the Register of state registration of regulatory legal acts at No. 8805, No. 180 published on November 28, 2013 in the Yuridicheskaya Gazeta newspaper (2555).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Chairman of National Bank

K. Kelimbetov

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of October 22, 2014 No. 190

Rules of appointment and release of liquidation commissions of compulsorily liquidated banks, the insurance (reinsurance) organizations

These rules of appointment and release of liquidation commissions of compulsorily liquidated banks, the insurance (reinsurance) organizations (further - Rules) are developed according to the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of December 18, 2000 "About insurance activity" and determine procedure for appointment and release by National Bank of the Republic of Kazakhstan (further - authorized body) the chairman and members of liquidation commissions of compulsorily liquidated banks of the second level, the insurance (reinsurance) organizations (further - financial institution).

1. General provisions

1. The chairman and members of liquidation commission of compulsorily liquidated financial institution are appointed from among the candidates who submitted documents for appointment as the chairman or member of liquidation commission of compulsorily liquidated financial institution (further - the candidate) and conforming to Requirements imposed to the chairman and members of liquidation commission compulsorily liquidated bank, the insurance (reinsurance) organization (further - Requirements), and (or) from number of persons employed of authorized body.

2. The chairman and members of liquidation commission of compulsorily liquidated financial institution who are not employees of authorized body conform to Requirements during the entire period of activities of liquidation commission of compulsorily liquidated financial institution.

3. The chairman and members of liquidation commission of compulsorily liquidated financial institution are appointed from number of persons employed of authorized body in cases:

1) absence at financial institution of liquidating weight or its insufficiency for covering of current expenses;

2) absence of candidates for vacant position or discrepancy of candidates to Requirements;

3) releases of the employee of authorized body from fulfillment of duties of the chairman or the member of liquidation commission on the bases, stipulated in Item 22 Rules, and need of its replacement.

Employees of authorized body do not submit the documents provided by Items 5 and 6 of Rules and do not pass test and interview.

4. The announcement of occupation of vacant position of the chairman and (or) the member of liquidation commission of compulsorily liquidated financial institution is published by authorized body on Internet resource of authorized body within seven working days from the date of the appeal of authorized body to court with the statement for involuntary liquidation of financial institution.

Creation of liquidation commission is performed from the effective date the judgments about involuntary liquidation of financial institution.

The announcement of occupation of vacant position is also published on Internet resource of authorized body in the presence of vacant positions in the course of involuntary liquidation of financial institution.

2. Consideration of the documents submitted by the candidate

5. The candidate, except as specified, of the Rules provided by Items 6 and 10, submits in authorized body the application for appointment it as the chairman or the member of liquidation commission of compulsorily liquidated financial institution, with indication of the name of compulsorily liquidated financial institution and appendix of the following documents:

1) notarially attested copy of the identity document of the candidate;

2) notarially attested copy of the diploma about the higher education;

3) notarially attested copy of the service record or employment contract;

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