RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2016 No. 204

About approval of Rules of application of checks for the territories of the Republic of Kazakhstan

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and of July 26, 2016 "About payments and payment systems", for the purpose of establishment of procedure for application of checks for the territories of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of application of checks for the territories of the Republic of Kazakhstan.

2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of March 17, 2016 No. 91 "About approval of Rules of application of checks in the territory of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 13665, published on May 25, 2016 in information system of law of Ad_let of 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").

3. To department of payment systems (Ashykbekov E. T.) 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 ten calendar days from the date of its 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.

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 periodic printing editions 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 Pirmatov G. O.

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

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 204

Rules of application of checks for the territories of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of application of checks for the territories of the Republic of Kazakhstan (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems) and determine procedure for application of checks for the territories of the Republic of Kazakhstan.

The procedure for application of checks for the territories of the Republic of Kazakhstan includes the conclusion of the usage agreement of checks, issue of the checkbook, implementation of payments and other transactions with use of checks, and also implementation of actions in case of detection of the counterfeit or defective check.

2. Rules do not extend to the relations connected with use of travel checks. The specified relations are governed by the bank of the issuer of such travel checks and business customs applied in banking practice taking into account the requirements established by the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing".

2-1. The requirements of Rules applied in relation to banks extend to the branches of nonresident banks of the Republic of Kazakhstan created in the territory of the Republic of Kazakhstan.

3. In Rules the concepts provided by the Law on payments and payment systems and also the following concepts are used:

1) issue of the check - payment method in case of which payment is made by issue by the issuer of the payment document of the same name to the payee;

2) bank of the issuer - the bank which issued the checkbook and to which the order on payment of money is addressed;

3) the checkbook - the stitched and consistently numbered check forms. The checkbook consisting of one check form is allowed;

4) check payment - the execution of monetary commitment of the issuer expressed by receipt of money by the payee by the check;

5) the back of the check is part of the check on which check details are specified. For the purposes of Rules backs of checks are also understood as the copies of checks which are consistently stitched in checkbooks;

6) bank of the payee - bank to which the payee showed the check for payment or transfer of the received check for the subsequent payment.

4. The check contains the following obligatory details:

1) name "check";

2) series and number of the check;

3) the name (surname, name, middle name (in case of its availability)) the issuer or person representing it;

4) individual identification (business and identification) number of the issuer (payee);

5) the amount in figures and copy-book, date, the place of issue of the check, the signature of the issuer or person representing it;

6) the name (surname, name, middle name (in case of its availability)) the payee;

7) bank name of the issuer;

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