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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2017 No. 24

About approval of Rules of issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations

(as amended on 23-11-2022)

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 issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations.

2. Recognize invalid:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 91 "About approval of Rules of issue to bank and (or) bank holding of permission to creation or acquisition of the affiliated organization, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, on considerable participation of bank and (or) bank holding in the capital of the organizations, and also withdrawal of permission to creation, acquisition by bank and (or) bank holding of the affiliated organization, on considerable participation of bank and (or) bank holding in the capital of the organizations" (registered in the Register of state registration of regulatory legal acts at No. 7564, published on July 18, 2012 in the Kazakhstanskaya Pravda newspaper No. 229-230 (27048-27049));

2) Item 8 of the List of regulatory legal acts of the Republic of Kazakhstan concerning optimization and automation business - processes of the state services rendered by National Bank of the Republic of Kazakhstan to which changes and additions are made, the Board of National Bank of the Republic of Kazakhstan approved by the resolution of December 24, 2014 No. 261 "About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning optimization and automation of business processes of the state services rendered by the National Bank of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 10211, published on February 26, 2015 in information system of law of Ad_let).

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 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 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 twenty one calendar days after day of its first official publication.

Chairman of National Bank

D. Akishev

It is approved

Minister of information and communications of the Republic of Kazakhstan

March 7, 2017

 

_______________ D. Abayev

It is approved

Minister of national economy of the Republic of Kazakhstan

March 27, 2017

 

_____________ T. Suleymenov

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2017 No. 24

Rules of issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations

Chapter 1. General provisions

1. These rules of issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK), the laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), "About the state services" (further – the Law on the state services), "About permissions and notifications" (further – the Law on permissions).

2. Rules determine procedure for issue by authorized body by regulation, control and supervision of the financial market and the financial organizations (further – authorized body) to bank or bank holding of permission to creation or acquisition of the affiliated organization, permission to considerable equity participation of the organizations, permission to creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank (further – the state service), and also response and (or) cancellations of permission to creation, acquisition by bank or bank holding of the affiliated organization, considerable participation of bank or bank holding in the capital of the organizations.

3. The list of the main requirements to rendering the state service, is given in appendix 1 to Rules.

Chapter 2. Procedure for issue to bank or bank holding of permission to creation or acquisition of the affiliated organization

4. For receipt of permission to creation or acquisition of the affiliated organization the bank or bank holding represents "the electronic government" of www.egov.kz, in electronic form by means of the web portal (further – the portal) the statement on receipt of permission to creation or acquisition of the affiliated organization for form according to appendix 2 to Rules, with application of documents and the data according to the List of the main requirements to rendering the state service.

5. The statement on receipt of permission to the creation or acquisition of the affiliated organization represented by the bank holding and (or) person wishing to acquire the status of bank holding for form according to appendix 3 to Rules is submitted in electronic form by means of the portal along with the statement for acquisition of the status of the large member of the financial organization, bank holding and (or) insurance holding with application of documents according to the List of the main requirements to rendering the state service.

6. Information on leading employees of the affiliated organization (or the candidates recommended for appointment or election to positions of leading employees) is submitted in form according to appendix 4 to Rules.

7. The business plan of the affiliated organization, except for the affiliated organization acquiring doubtful and bad assets of parent bank conforms to the following requirements:

1) without being limited to following, contains the following information:

the description of types of the provided services;

the analysis of financial consequences of creation, acquisition by bank or bank holding of the affiliated organization, including expected settlement balance of bank or bank holding and affiliated organization after its creation or acquisition, and also in the presence the plan and offers of bank or bank holding on asset sale of the affiliated organization or entering of considerable changes into activities for management of the affiliated organization;

calculation with banking conglomerate which part the bank or bank holding, prudential standard rates and others obligatory to observance by banks of regulations and limits as a result of the expected availability of the affiliated organizations of bank or bank holding established by authorized body is;

organizational structure of the affiliated organization;

2) it is certified by the signature of the first head of the bank or bank holding or person fulfilling its duties.

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