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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of May 30, 2016 No. 140

About approval of Rules of calculation and application of coefficient on the bonus-malus system for calculation of insurance premium for compulsory insurance of civil responsibility of owners of vehicles

(as amended on 23-11-2022)

According to the Law of the Republic of Kazakhstan "About compulsory insurance of civil responsibility of owners of vehicles" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve Rules of calculation and application of coefficient on the bonus-malus system for calculation of insurance premium for compulsory insurance of civil responsibility of owners of vehicles.

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix to this resolution.

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 O. A.

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

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of May 30, 2016 No. 140

Rules of calculation and application of coefficient on the bonus-malus system for calculation of insurance premium for compulsory insurance of civil responsibility of owners of vehicles

1. These rules of calculation and application of coefficient for the bonus-malus system (further – Rules) are developed for calculation of insurance premium for compulsory insurance of civil responsibility of owners of vehicles according to the Law of the Republic of Kazakhstan "About insurance activity" (further - the Law) and the Law of the Republic of Kazakhstan "About compulsory insurance of civil responsibility of owners of vehicles" (further – the Law on compulsory insurance of civil responsibility of owners of vehicles) and determines procedure of payments and applications of coefficient by the bonus-malus system for calculation of insurance premium for compulsory insurance of civil responsibility of owners of vehicles (further – compulsory liability insurance of owners of vehicles).

The concepts and terms used in Rules are applied in the values specified in the Law and the Law on compulsory insurance of civil responsibility of owners of vehicles.

2. Coefficients on the bonus-malus system with assignment of the corresponding class upon termination of insurance term (further - class) are established for the insurer (insured) according to appendix to Rules, except for physical persons whose civil responsibility came in cases, stipulated in Item the 5th Article 11 and Item 5 of article 12 of the Law on compulsory insurance of civil responsibility of owners of vehicles, and legal entities.

In case of the conclusion of the agreement of compulsory liability insurance of owners of vehicles for the first time the class 3 is appropriated to the insurer.

3. In case of assignment of class (insured) accounting is subject to the insurer the insured event (insured events) which occurred (occurred) through his fault, and also days during which civil responsibility of the insurer (insured) on agreement compulsory insurance of civil responsibility of owners of vehicles (further - the agreement of compulsory insurance) was insured, from the date of the previous change of class, regardless of the number of the signed agreements of compulsory insurance (are subject).

In the presence of insured event (insured events), the event which (took place) because of the insurer (insured), the class on lower, to the lowest - M changes.

Change of class on higher class is performed in case of accomplishment of the following conditions:

absence in the organization performing forming and maintaining the single database on insurance (further - the database), information on insured event (insured events), the event which (took place) because of the insurer (insured) and considered (considered) in the database from the moment of the last change of class;

information availability in the database about at least 270 (dvukhsta of seventy) calendar days from the date of the last change of class during which civil responsibility of the insurer (insured) on agreement compulsory insurance was insured, regardless of the number of the signed agreements of compulsory insurance.

4. In case of the conclusion of the contract of compulsory insurance with owners of the vehicles which temporarily drove (imported) on the territory of the Republic of Kazakhstan the class 3 is appropriated.

5. The basis for application of coefficients by the insurer on the bonus-malus system is the insurance report containing information on insured event (insured events), the event which (occurred) because of the insurer (insured) or on lack of this information, with indication of the class appropriated to it received by the insurer from the database.

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