of August 31, 2016 No. 207
About approval of Rules of opening, maintaining and closing of bank accounts of clients
According to the subitem 44) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 13) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About payments and payment systems" the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of opening, maintaining and closing of bank accounts of clients.
2. Recognize invalid some resolutions of Board of National Bank of the Republic of Kazakhstan, and also structural elements of some resolutions of Board of National Bank of the Republic of Kazakhstan according to the list according to appendix to this resolution.
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.
Chairman of National Bank
D. Akishev
It is approved Minister of Justice of the Republic of Kazakhstan October 3, 2016 |
______________ M. Beketayev |
It is approved Minister of Finance of the Republic of Kazakhstan September 21, 2016 |
____________ B. Sultanov |
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 207
1. These rules of opening, maintaining and closing of bank accounts of clients (further – Rules) are developed according to Article 747 of the Civil code of the Republic of Kazakhstan (Special part) (further – the Civil code), Articles 19, 24 Codes of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further – the Tax code), the subitem 44) of part two of Article 15 and article 49 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 13) of Item 1 of Article 4 and article 27 of the Law of the Republic of Kazakhstan "About payments and payment systems" (further – the Law on payments and payment systems) and determine procedure for opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan, branches of nonresident banks of the Republic of Kazakhstan and the organizations, performing opening and maintaining bank accounts of physical persons and legal entities based on the license of authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) and also in case the law of the Republic of Kazakhstan regulating activities of such organization provides possibility of implementation of the specified transactions without license (further – banks).
2. In Rules the concepts provided by the Civil code, the Tax code and the Law on payments and payment systems and also the following concept are used:
dynamic identification - the procedure of identification of the client for the purpose of unambiguous confirmation of its rights to signing of the statement on opening of the bank account and agreement signature of bank servicing by use of disposable (one-time) code.
3. Bank accounts are subdivided into the current, savings and correspondent accounts, open and kept both in tenge, and in foreign currency, except for case, stipulated in Item 41 Rules.
4. The procedure for opening, maintaining and closing of correspondent accounts is determined by Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 209 "About approval of Rules of establishment of correspondence relations between the National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities", registered in the Register of state registration of regulatory legal acts at No. 14336, Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also banks the branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 210 "About approval of Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities" registered in the Register of state registration of regulatory legal acts at No. 14335.
5. The bank account is opened in case of the conclusion between the client and bank of bank account agreement and (or) bank deposit agreement (further - the agreement of bank servicing) based on the statement of the client in the form established by bank (further - the statement) provided to bank on paper or in electronic form.
For the purposes of allowance payment and social payments paid from the government budget and (or) the State Social Insurance Fund to the conclusion of bank account agreement assignment of individual identification code by bank to the client based on information on the physical person, including its individual identification number and surname, name, middle name (is allowed in case of its availability), provided to bank by authorized body in the sphere of social protection of the population by means of information interaction. Information on the physical person is submitted authorized body in the sphere of social protection of the population with the consent of physical person and is equated to the application of the client for opening of the bank account directed electronically. At the same time making of account transactions according to this bank account is allowed only after the conclusion of the agreement of bank servicing according to requirements of these rules.
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