RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2016 No. 15

About approval of Rules of issue of permission to voluntary reorganization of bank in the form of converting in Islamic bank and refusal in issue of permission

According to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of issue of permission to voluntary reorganization of bank in the form of converting in Islamic bank and refusal in issue of permission.

2. To department of methodology of control and supervision (Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal support department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution in the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan":

on official publication in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of its obtaining by National Bank of the Republic of Kazakhstan after state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

3. To department of the international relations and public relations (Kazybayev A. K.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

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

5. 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 January 28, 2016 No. 15

Rules of issue of permission to voluntary reorganization of bank in the form of converting in Islamic bank and refusal in issue of permission

1. General provisions

1. These rules of issue of permission to voluntary reorganization of bank in the form of converting in Islamic bank and refusal in issue of permission (further - Rules) are developed according to 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 determine procedure for issue by authorized body by regulation, control and supervision of the financial market and the financial organizations (further - authorized body) permissions to voluntary reorganization of bank in the form of converting in Islamic bank (further - permission to converting of bank).

2. The issued permission to converting of bank is entered in the register of the issued permissions to voluntary reorganization of banks (bank holdings) provided by the Rules of issue of permission to voluntary reorganization of bank (bank holding) or refusal in issue of permission, issue of permission to voluntary liquidation of banks, and also return of deposits of physical persons, their transfer to other bank approved by 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, registered in the Register of state registration of regulatory legal acts at No. 4521.

2. Approval procedure on converting of bank and refusal to issue of permission

3. The bank submits in authorized body the application for issue of permission to voluntary reorganization of bank in the form of converting in Islamic bank (further - the statement) in form according to appendix to Rules, with application of documents, specified in Item 2 of article 52-14 of the Law on banks.

The statement with application of documents, specified in Item 2 of article 52-14 of the Law on banks, is submitted on paper or in electronic form through the web portal of "the electronic government".

4. The application is considered by authorized body in time, stipulated in Item 3 articles 52-14 of the Law on banks.

In the presence of notes to the submitted documents the authorized body sends bank the letter with indication of these notes by means of mail, fax connection and (or) e-mail with indication of term for their elimination.

In case of not elimination of notes of authorized body by bank according to the submitted documents within the term established by it the authorized body refuses issue of permission to converting of bank on the basis provided by the subitem 1) of Item 5 of article 52-14 of the Law on banks.

By results of consideration of the application the authorized body issues permission to converting of bank with indication of the term of converting or refuses issue of permission to converting of bank.

5. The refusal in issue of permission to converting of bank is made on the bases, stipulated in Item the 5th article 52-14 of the Law on banks.

6. The documents specified in Item 2 of article 52-14 of the Law on banks contain the following information:

1) the financial forecast of consequences of converting of bank in Islamic bank includes the short-term, medium-term and long-term analysis of the following indicators:

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