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The document ceased to be valid since February 3, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 297

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 29, 2016 No. 64

About approval of the Instruction about features of activities of liquidation commissions of voluntarily liquidated banks

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 Instruction about features of activities of liquidation commissions of voluntarily liquidated banks.

2. Declare invalid 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 30, 2007 No. 60 "About approval of Rules of voluntary liquidation of banks" (registered in the Register of state registration of regulatory legal acts at No. 4688).

3. To department of methodology of the financial market (Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal 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 five working 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 Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

4. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide the direction of this resolution on official publication in mass media within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

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

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

Chairman of National Bank

D. Akishev

It is approved

Ministry for Culture and Sports of the Republic of Kazakhstan

April 1, 2016

 

Minister ____________ A. Mukhamediula

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 64

The instruction about features of activities of liquidation commissions of voluntarily liquidated banks

1. General provisions

1. This Instruction about features of activities of liquidation commissions of voluntarily liquidated banks (further – the Instruction) is 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 establishes features of activities of liquidation commissions of voluntarily liquidated banks, including features and procedure for forming and approval of the estimate of liquidating expenses, requirements for accomplishment by liquidation commissions of voluntarily liquidated banks of storage precautions of cash in cash desk, making of receipt and account transactions with cash, maintaining cash documents, to providing expenditure of cash, limits of cash balances, and also terms of delivery of cash on the current account of liquidation commission (further - requirements for respect of cash discipline by liquidation commissions), features of forming and activities of creditor committee of voluntarily liquidated banks.

2. The liquidation commission of voluntarily liquidated bank (further – liquidation commission) is created by general meeting of shareholders of bank no later than 45 (forty five) calendar days from the date of receipt by voluntarily liquidated bank (further – bank) decisions of authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) about issue of permission to voluntary liquidation of bank taking into account its branches and representations.

Change of structure of liquidation commission is performed according to the decision of general meeting of shareholders of bank.

3. From the date of creation of liquidation commission and before completion of process of liquidation of bank:

1) powers of bodies and leading employees of bank, including according to the order property and to repayment of obligations of bank, and also their right on bank management stop;

2) the actions performed from name or for bank account have legal force if they are made by the chairman of liquidation commission or person to whom the chairman issues the power of attorney which is drawn up according to the procedure, established by the legislation of the Republic of Kazakhstan, on making of these actions;

3) the requirements of property nature relating to bank are considered by liquidation commission according to the Instruction and the civil legislation of the Republic of Kazakhstan.

4. From the date of creation of liquidation commission pass all powers on administration to it and property of bank.

The liquidation commission takes measures for completion of cases of bank, including on ensuring settlings with his creditors and shareholders.

The liquidation commission is effective from bank name and is independent in case of decision making on the questions entering its competence.

5. Work of liquidation commission is headed by the chairman of liquidation commission.

In the absence of the chairman of liquidation commission of its obligation the deputy appointed by the chairman from among members of liquidation commission performs.

6. In the presence at bank of branches and (or) representations their liquidation is carried out by the division of liquidation commission created on places (further – division).

7. The division is headed by his head appointed by the order of the chairman no later than 1 (one) working day from the date of appointment of liquidation commission from among members of liquidation commission (further - the division manager).

The division manager performs the activities based on the power of attorney which is drawn up according to the procedure, established by the legislation of the Republic of Kazakhstan, and the chairman of liquidation commission issued to it.

The division manager and division are accountable to the chairman of liquidation commission.

8. The rights and obligations of the member of liquidation commission (division manager), including work payment terms, are determined in the employment contract signed with the chairman of liquidation commission.

Employment is drawn up by the order of the chairman of liquidation commission.

The rights and obligations of person involved the worker or involved are determined in the employment contract or the services agreement, and also in the job descriptions on each worker approved by the chairman of liquidation commission.

9. The chairman of liquidation commission performs operational management, controls activities of divisions and work of his heads.

10. The liquidation commission performs liquidation procedure of bank according to the work plan approved by the chairman of liquidation commission.

11. The work plan is constituted for year with breakdown for half-year and it is represented for data in authorized body within 20 (twenty) working days from the date of creation of liquidation commission and in subsequent no later than 10 (tenth) preceding the planned period.

Information on execution of the work plan is submitted liquidation commission in authorized body following the results of half-year.

12. Representatives from creditors of bank, representatives of large shareholders, and also other persons according to the decision of general shareholder meeting are included liquidation commission according to Item 3 of article 88 of the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies".

13. From the date of creation liquidation commission:

1) in the first working day will request at management of bank from documents of title of bank, seal (in the presence), stamps, electronic media of information, the software, forms and all other documents of bank with creation of necessary acts of reception-transmission of documents and values;

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