RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2014 No. 261

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning optimization and automation business - processes of the state services rendered by National Bank of the Republic of Kazakhstan"

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

1. Approve the enclosed List of regulatory legal acts of the Republic of Kazakhstan concerning optimization and automation business - processes of the state services rendered by National Bank of the Republic of Kazakhstan to which changes and additions are made.

2. This resolution becomes effective after twenty one calendar days after day of its first official publication.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014, No. 261

The list of regulatory legal acts of the Republic of Kazakhstan concerning optimization and automation business - processes of the state services rendered by National Bank of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of December 25, 2006 No. 295 "About approval of Rules of issue of permission to voluntary reorganization of banks of the second level (bank holdings), voluntary liquidation of banks of the second level, and also return of deposits of physical persons by their direct payment or transfer in other bank, being the participant of system of obligatory guaranteeing deposits" (the following changes and the amendment registered in the Register of state registration of regulatory legal acts at No. 4521):

in Rules of issue of permission to voluntary reorganization of banks of the second level (bank holdings), voluntary liquidation of banks of the second level, and also return of deposits of physical persons by their direct payment or transfer in other bank, being the participant of system of obligatory guaranteeing the deposits approved by the specified resolution:

Items 5 and 5 - 1 to state in the following edition:

"5. The bank (bank holding) represents to authorized body the petition for giving permission to its voluntary reorganization (merge, accession, separation, allocation, transformation) in the form established by appendix 3 to Rules, with application of documents, specified in Item 3 of article 60 of the Law.

The petition with application of documents, specified in Item 3 of article 60 of the Law, is submitted on paper or in electronic form through the web portal of "the electronic government".

5-1. In case of reorganization of bank by transformation to credit partnership after acceptance by general meeting of shareholders of bank of the decision on its reorganization the bank takes measures for return of deposits of physical persons by their direct payment or transfer in other bank, being the participant of system of obligatory guaranteeing deposits, according to the procedure, provided by Chapter 2-1 of Rules, and also on return of deposits of legal entities by their direct payment or transfer in other bank, except for deposits of members of the created credit partnership.

The reorganized bank performs measures for early obligation fulfillment for earlier signed agreements of bank, or termination of these agreements.

After holding the actions specified in parts one and the second this Item, the reorganized bank addresses with the petition to authorized body for issue of permission to its reorganization by transformation to credit partnership with application of documents, the Rules specified in the subitem 2) of Item 8, including concerning deposits of legal entities, and also documents confirming fulfillment of requirements of this Item.";

state Item 8 in the following edition:

"8. The bank represents to authorized body the petition for giving permission to its voluntary liquidation in the form established by appendix 4 to Rules with appendix of the following documents:

1) the decision of general shareholder meeting on voluntary liquidation of bank with obligatory specifying of the reasons of liquidation;

2) the copy of the agreement on transfer of deposits of physical persons and the delivery-acceptance certificate of deposits of physical persons to other bank, being the participant of system of obligatory guaranteeing deposits;

3) the list of actions with indication of terms and stages of preparation of bank for the termination of the activities (the plan of the main actions of liquidation) approved by general shareholder meeting;

4) the balance statement constituted on the last reporting date testimonial of sufficiency of means of bank for implementation of payment under its obligations;

5) the valuation report of asset cost of bank confirmed with independent auditing organization, competent on carrying out audit of banks;

6) the candidate list in members of liquidation commission, including its divisions created in branches and (or) representative offices of bank in the form established by appendix 5 to Rules and other necessary data.

The petition with appendix of required documents is submitted on paper or in electronic form through the web portal of "the electronic government".";

state appendix 2 in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning optimization and automation business - processes of the state services rendered by National Bank of the Republic of Kazakhstan to which changes and additions are made (further - the List);

add with appendix 5 according to appendix 2 to the List.

2. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of April 30, 2007 No. 121 "About approval of Rules of issue of permission to opening of bank, and also licensing of banking and other activities, the activities in the security market performed by banks" (registered in the Register of state registration of regulatory legal acts at No. 4718, published on July 13, 2007 in the Yuridicheskaya Gazeta newspaper No. 106 (1309) the following change:

in Rules of issue of permission to opening of bank, and also licensing of banking and other activities, and the activities in the security market performed by banks, approved by the specified resolution:

state Item 8 in the following edition:

"8. The statement for issue of permission to opening of bank is submitted founders in the form established by appendix 3 to these rules and is considered by authorized body within three months from the date of submission by the applicant of the last additional information or the document requested by authorized body, but no more than six months from the date of reception of an application.

The application with appendix of required documents is submitted on paper or in electronic form through the web portal of "the electronic government".".

3. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of April 30, 2007 No. 122 "About approval of Rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker" (the following change registered in the Register of state registration of regulatory legal acts at No. 4731):

in Rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and the activities of insurance broker approved by the specified resolution:

state Item 6 in the following edition:

"6. The statement on receipt of permission to creation of the insurance (reinsurance) organization is constituted in the form specified in appendix 2 to these rules.

The application with appendix of required documents is submitted on paper or in electronic form through the web portal of "the electronic government".".

4. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of March 1, 2010 No. 26 "About approval of the regulatory legal acts regulating activities of "Fund of Guaranteeing Insurance Payments" Joint-stock company (registered in the Register of state registration of regulatory legal acts at No. 6167, published on September 25, 2010 in the Kazakhstanskaya Pravda newspaper No. 253-254 (26314-26315) following changes:

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