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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2016 No. 288

About approval of Rules of rendering services to bank, branch of nonresident bank of the Republic of Kazakhstan in customer acquisition, implementation of check on compliance to requirements of bank, branch of nonresident bank of the Republic of Kazakhstan, document transfer of clients to bank, branch of nonresident bank of the Republic of Kazakhstan

(as amended on 17-02-2021)

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 rendering services to bank, branch of nonresident bank of the Republic of Kazakhstan in customer acquisition, implementation of check on compliance to requirements of bank, branch of nonresident bank of the Republic of Kazakhstan, document transfer of clients to bank, branch of nonresident bank of the Republic of Kazakhstan.

2. 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" 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.

3. 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.

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 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 November 30, 2016 No. 288

Rules of rendering services to bank, branch of nonresident bank of the Republic of Kazakhstan in customer acquisition, implementation of check on compliance to requirements of bank, branch of nonresident bank of the Republic of Kazakhstan, document transfer of clients to bank, branch of nonresident bank of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of rendering services to bank, branch of nonresident bank of the Republic of Kazakhstan in customer acquisition, implementation of check on compliance to requirements of bank, branch of nonresident bank of the Republic of Kazakhstan, document transfer of clients to bank, branch of nonresident bank of the Republic of Kazakhstan (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 establish procedure for activities of person rendering services to bank, branch of nonresident bank of the Republic of Kazakhstan (further - bank) based on the contract (agreement) on customer acquisition, implementation of check for compliance to requirements of the bank, document transfer of clients to bank concluded between the bank and person rendering services to bank.

2. In Rules the following concepts are used:

1) banking services – implementation by banks of the banking activities provided by subitems 1), 2), 8), 15) and 16) of Item 2 of article 30 of the Law on banks;

2) the agreement on provision of banking service – the agreement signed between bank and the client according to whom the bank shall render banking services at the request of the client and the client shall pay these services if other is not provided by the agreement on provision of banking service;

3) the client – the physical person or legal entity which is the consumer of banking services or intending to use banking services;

4) conflict of interest – situation in case of which interest of the authorized person will influence the decision of the client concerning receipt of banking service of bank;

5) the statement – the written application of the client in the bank address on receipt of the banking service provided by the agreement (agreement) which form is established by internal regulations of bank;

6) authorized body – state body on regulation, control and supervision of the financial market and the financial organizations;

7) the authorized person – the physical person or legal entity rendering services to bank based on the signed agreement (agreement);

8) the agreement (agreement) – the agreement (agreement) signed (concluded) between bank and the authorized person in writing according to which the authorized person shall render services in customer acquisition, in implementation of verification of documents of clients on compliance to requirements of bank and document transfer of clients to bank.

Chapter 2. General terms of activities of the authorized person

3. The authorized person makes actions on which it is authorized by bank, without the retrust right to the third parties.

4. The authorized person renders services to bank based on the agreement (agreement).

5. The agreement (agreement) contains the following data:

1) date, number, place of agreement (agreements);

2) bank name;

3) name of the authorized person;

4) subject of the agreement (agreements);

5) rights and obligations of the Parties;

6) procedure for rendering by the authorized person of services in customer acquisition, on implementation of verification of documents of clients on compliance to requirements of bank and document transfer of clients to bank;

7) procedure for provision by bank to the authorized person of information on rates and rates for rendering banking services, and also about their changes;

8) procedure for provision by bank of documents and information, necessary for acquaintance of the client with banking services;

9) procedure for accounting of statements and documents of the client;

10) procedure for ensuring safety of statements and documents of clients;

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