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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2017 No. 21

About approval of Rules of issue of bank guarantees and guarantees

(as amended on 17-02-2021)

According to the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994, the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of issue of bank guarantees and guarantees.

2. Recognize invalid:

1) 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 April 28, 2008 No. 55 "About approval of Rules of issue by banks of the second level of bank guarantees and guarantees" (registered in the Register of state registration of regulatory legal acts at No. 5231, published on July 4, 2008 in the Yuridicheskaya Gazeta newspaper No. 101 (1501));

2) 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 September 26, 2009 No. 212 "About modification of 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 April 28, 2008 No. 55 "About approval of Rules of issue by banks of the second level of bank guarantees and guarantees" (registered in the Register of state registration of regulatory legal acts at No. 5837, published on November 26, 2009 in the Yuridicheskaya Gazeta newspaper No. 181 (1778)).

3. To department of supervision of banks (Kizatov O. 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) within ten calendar days from the date of state registration of this resolution the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts 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 within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

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 January 28, 2017 No. 21

Rules of issue of bank guarantees and guarantees

1. These rules of issue of guarantees and guarantees (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994, the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and determine procedure for issue by banks of the second level, branches of nonresident banks of the Republic of Kazakhstan (further - banks) bank guarantees and guarantees.

2. Bank guarantees and guarantees are issued by banks in the presence of the license for carrying out the banking activities provided by subitems 15), 16) of Item 2 of article 30 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan".

3. Banks perform issue of bank guarantees and guarantees according to the statement of person - the debtor taking into account the requirements established by the Rules, the civil and bank law of the Republic of Kazakhstan and rules about general terms of carrying out transactions approved by the board of directors of bank or relevant organ of management of nonresident bank of the Republic of Kazakhstan.

The statement of person - the debtor on issue of the bank guarantee or guarantee is considered by bank according to the procedure, established by Rules of provision of banking services and considerations by banks, the organizations performing separate types of banking activities, addresses of the clients arising in the course of provision of banking services, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of July 28, 2017 No. 136, registered in the Register of state registration of regulatory legal acts at No. 15541.

4. In case of issue of the bank guarantee or guarantee the bank receives the written consent of person debtor to submission by bank of information about him and the guarantees or guarantees issued by bank according to the statement of person debtor in credit bureaus.

5. Issue of the bank guarantee or guarantee, and also presentation of requirements for obligation fulfillment according to the bank guarantee or the guarantee are drawn up in writing.

6. In the bank guarantee agreement or guarantees are specified the following data:

1) surname, name, middle name (in case of its availability) physical person debtor at the request of whom the bank issues the bank guarantee or the guarantee, birth date, the residence, legal address, the name and details of the identity document, individual identification number;

2) the name of legal person debtor at the request of which the bank issues the bank guarantee or the guarantee, date of state registration as the legal entity, business and identification number;

3) surname, name, middle name (in case of its availability) physical person creditor for benefit of whom the bank issues guarantee or the guarantee, individual identification number, and also information on birth date, the residence, legal address, the name and details of the identity document is issued (or other personal data, the stipulated by the legislation states in which the nonresident is registered);

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