of July 2, 2018 No. 168-VI ZRK
About modification and amendments in some legal acts of the Republic of Kazakhstan concerning currency control and currency exchange control, risk - the oriented supervision of activities of the financial organizations, consumer protection of financial services and enhancement of activities of National Bank of the Republic of Kazakhstan
Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:
1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-I, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 128; No. 22-І, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7; No. 15, Art. 55; No. 22-III, Art. 109; 2018, No. 1, Art. 4; The Law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018):
1) part one of Item 3 of article 3 after words "restructuring of banks," to add with words "approach of effects of deprivation of licenses of banks,";
2) in Item 2 of Article 318:
replace the words "in forced" with the word "in";
replace the words "Forced Extrajudicial" with the word "Extrajudicial";
add with part two of the following content:
"Features of the address of collection regarding the pledge which is providing on loan within implementation of measures for ensuring stability of financial system are established by the laws of the Republic of Kazakhstan.";
To replace 3) in Item 2 of Article 319 of the word "in forced" with the word "in".
2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-І, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-І, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-І, Art. 49; No. 7-II, Art. 53; No. 8-І, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98):
Table of contents to add 1) with heading of Article 725-1 of the following content:
"Article 725-1. Features of the loan agreement signed with the borrower - physical person";
Item 1 of Article 718 to add 2) with part two of the following content:
"Remuneration according to the loan agreement signed with the borrower - physical person, is determined taking into account requirements of Article 725-1 of this Code.";
To add 3) with Article 725-1 of the following content:
"Article 725-1. Features of the loan agreement signed with the borrower - physical person
1. The loan agreement signed with the borrower - physical person, has the following features:
1) the subject of the agreement of loan are the money or things determined by patrimonial signs, including provided with delay and payment by installments of payment;
2) according to the loan agreement the physical person who is not the individual entrepreneur acts as the borrower;
3) loan is issued in national currency of the Republic of Kazakhstan;
4) the loan agreement without fail shall contain the annual effective rate of remuneration calculated according to rules, stipulated in Item 3 these Articles;
5) the annual effective rate of remuneration according to the loan agreement cannot exceed hundred percent from the amount of the issued loan, including in case of change of term of loan repayment;
6) the penalty size (penalty, penalty fee) for violation of the obligation on return of loan amount and (or) payment of remuneration according to the loan agreement cannot exceed percent 0,5 from the amount of the unexecuted obligation for each day of delay, but no more than ten percent from the amount of the issued loan in year;
7) all payments of the borrower according to the loan agreement, including the amount of remuneration, penalties (penalty, penalty fee), the commissions and other payments provided by the loan agreement, except for loan subject in total cannot exceed the amount of the issued loan for the entire period of validity of loan;
8) indexation of the obligation and payments according to the loan agreement with binding to any currency equivalent is not allowed;
9) terms of the contract of loan about amounts of remuneration, penalties (penalty, penalty fee), the commissions and other payments cannot be changed towards their increase.
Requirements of subitems 4), 5), 6), 7), 8) and 9) parts one of this Item extend to the loan agreement which subject are the things determined by patrimonial signs if under such agreement obligation fulfillment of the borrower is performed by transfer to the account of debt of money, and payment and amount of remuneration, penalties (penalty, penalty fee), the commissions and other payments provided by the loan agreement is performed in cash.
2. The loan agreement signed with the borrower - physical person, not conforming to requirements of Item 1 of this Article, is insignificant.
3. Rules of calculation of annual effective rate of remuneration for the loan agreement are determined by regulatory legal act of National Bank of the Republic of Kazakhstan.
4. To the loan agreement signed with the borrower - the physical person, applies the rules concerning the loan agreement with the features provided by this Article.
5. Requirements of this Article do not extend to loan agreements according to which persons specified in Item 2 of article 718 of this Code act as creditors.";
Article 728 to add 4) with part three of the following content:
"Features of the mortgage loan granted physical persons are determined by the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan".";
add with words ", taking into account provisions of this Article";
add with parts two and third the following content:
"For use of the money placed on the current bank account, remuneration is not paid.
The bank can pay the income determined by bank account agreement from the amount of cashless payments and money transfers for implementation of cashless payments and money transfers.";
6) in Article 757:
add Item 1 with subitem 2-1) of the following content:
"2-1) savings deposit;";
second and third Item 2 to exclude parts;
state Item 3 in the following edition:
"3. The term deposit is made for certain term.
In cases when the term deposit is requested by the investor before the expiration of fixed term, remuneration on contribution is paid in the amount of, established on on-demand deposit if other is not provided by bank deposit agreement.";
add with items 4 and 5 following contents:
"4. The savings deposit is made for certain term.
In cases when the savings deposit is requested by the investor before the expiration of fixed term, remuneration on contribution is paid in the amount of, established on on-demand deposit.
5. The conditional contribution is made before the circumstances defined by bank deposit agreement.
In cases when the conditional contribution is requested by the investor before the circumstances defined by bank deposit agreement, remuneration on contribution is paid in the amount of, established on on-demand deposit if other is not provided by bank deposit agreement.";
7) in Article 759:
add with Item 2-1 of the following content:
"2-1. The deposit term provided by bank deposit agreement can be changed in case of application to bank of measures for settlement of the bank referred to category of insolvent banks according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan".";
in Item 3 of the word "term deposit after the expiration" shall be replaced with words it "urgent and (or) savings deposits after their expiration";
8) in Article 760:
add Item 1 with words ", taking into account provisions of this Article";
add with Items 1-1 and 1-2 of the following content:
"1-1. Amount of remuneration on on-demand deposit is established by bank deposit agreement, but cannot exceed annual interest rate 0,1.
1-2. The remuneration rate on term and savings deposits can be fixed or floating.
Fixed rate of remuneration is the remuneration rate which size cannot be reduced during the deposit term provided by bank deposit agreement.
Floating rate of remuneration is the remuneration rate which size changes in accordance with the terms, provided by bank deposit agreement.
The procedure for calculation, condition of action of floating rate of remuneration on bank deposit agreement are determined by regulatory legal act of National Bank of the Republic of Kazakhstan.";
add Item 2 with words ", taking into account features, stipulated in Item 3 these Articles";
add with Item 3 following of content:
"3. Amount of remuneration on bank deposit agreement can be changed in case of application to bank of measures for settlement of the bank referred to category of insolvent banks according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan".";
9) in Article 761:
in part one of Item 2 of the word "on bank deposit" shall be replaced with words "on the bank deposits specified in Item 3 of this Article";
the second Item 3 to state part in the following edition:
"According to term deposits the investor has the right to earn the reward which is due to him on contribution separately from the deposit amount before the expiration of its term. If other is not provided by bank deposit agreement, amount of remuneration according to term deposits is recalculated in relation to that size which is applied by bank to on-demand deposits. After deposit term the investor has the right to earn the reward which is due to it in complete size irrespective of, he requests contribution or not (Item 3 of article 759 of this Code).";
Part the second Item 2 of article 762 after the word "urgent" to add 10) with the word", savings";
11) in Article 765:
2) of Item 1 after the word "urgent" to add the subitem with the words "and to savings";
state Item 2 in the following edition:
"2. The investor has the right to early partial and (or) complete return of term deposit.
The investor has the right to early complete return of savings deposit.";
add with Item 2-1 of the following content:
"2-1. The bank shall issue term deposit or its part no later than seven calendar days from the moment of receipt of the requirement of the investor.
The bank shall issue savings deposit not earlier than thirty calendar days from the moment of receipt of the requirement of the investor.";
state Item 7 in the following edition:
"7. Issue of bank deposit can be suspended on the bases and according to the procedure:
1) the provided Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing";
2) the provided Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", in case of application of measures for settlement of the bank referred to category of insolvent banks or deprivation of bank of the license.";
Item 5 of Article 830 to add 12) with part two of the following content:
"The data which are insurance secret can be provided by National Bank of the Republic of Kazakhstan of auditing organization according to part five of Item 13 of article 20 of the Law of the Republic of Kazakhstan "About insurance activity".".
3. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-І, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-І, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2):
the paragraph one of part two of article 239 after words "involuntary liquidation of the financial organization," to add with the words "or to reference of bank to category of insolvent banks".
4. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-І, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-І, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-І, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-І, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; The law of the Republic of Kazakhstan of May 24, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of regulation of business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 28, 2018; The Law of the Republic of Kazakhstan of June 13, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of non-profit organizations", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 15, 2018):
1) in table of contents:
210, 217 and 218 to state headings of Articles in the following edition:
"Article 210. Carrying out payments and (or) money transfers on currency transactions without submission of the currency agreement in the procedure provided by the foreign exchange legislation of the Republic of Kazakhstan";
"Article 217. Violation by agents of currency exchange control of procedure for submission of reports on currency transactions of clients
Article 218. Violation of procedure for submission of reports for the purposes of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan or activities reports on the organization of exchange transactions with cash foreign currency";
in heading of Article 227 of the word of "limited corrective actions" shall be replaced with words "measures of supervising reaction, limited corrective actions";
in heading of Article 229 of the word "the conclusion and execution of insurance contracts" shall be replaced with words "implementation of insurance payment";
243, 244 and 251 to state headings of Articles in the following edition:
"Article 243. Violation by branches (representations) of the foreign non-financial organizations of procedure for submission of reports for the purposes of monitoring of currency transactions
Article 244. Violation of procedure for receipt of accounting number for the currency agreement or the foreign bank account and submission of information on them, documents and reports";
"Article 251. Failure to meet requirement of repatriation of national and (or) foreign currency";
Article 210 to state 2) in the following edition:
"Article 210. Carrying out payments and (or) money transfers on currency transactions without submission of the currency agreement in the procedure provided by the foreign exchange legislation of the Republic of Kazakhstan
1. Carrying out by authorized bank payment and (or) money transfer on currency transaction without submission of the currency agreement or the currency contract with the assigned accounting number when submission of such currency agreement is obligatory according to regulatory legal acts of National Bank of the Republic of Kazakhstan,
attracts the prevention.
2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifty monthly settlement indicators.";
3) Article 211-1:
add with parts four and heel of the following content:
"4. Submission of doubtful, and equally incomplete reporting by the collection agencies to National Bank of the Republic of Kazakhstan
attracts the prevention.
5. The action provided by part four of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of hundred monthly settlement indicators.";
add with the note of the following content:
"Note. Responsibility for making of the offense provided by part five of this Article comes in cases of representation of doubtful, and equally incomplete same form of the reporting which representation is required by regulatory legal act of National Bank of the Republic of Kazakhstan.";
Article 212 to state 4) in the following edition:
"Article 212. Violation of terms of submission of financial and other reporting by the financial organizations and other persons
1. Untimely submission of financial and other reporting by the financial organizations, the organization guaranteeing implementation of insurance payments, the microfinancial organizations, the collection agencies in National Bank of the Republic of Kazakhstan
attracts the prevention.
2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on small business entities, non-profit organizations - in the amount of twenty, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of hundred monthly settlement indicators.
3. Non-presentation of financial and other reporting by the financial organizations, the organization guaranteeing implementation of insurance payments, the microfinancial organizations, the collection agencies in National Bank of the Republic of Kazakhstan
attracts penalty on small business entities, non-profit organizations - in the amount of forty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of two hundred monthly settlement indicators.
Note. Responsibility for making of the offense provided by part two of this Article comes in cases of untimely representation of the same form of the periodic reporting which representation is required by regulatory legal act of National Bank of the Republic of Kazakhstan.";
5) in Article 213:
parts first, second and third to exclude;
part four in paragraph one:
shall be replaced with words the words "established by National Bank of the Republic of Kazakhstan" "same";
after the word of "limits" to add with words ", established by National Bank of the Republic of Kazakhstan,";
word part eight in paragraph one "the indicators containing in it or" to exclude;
state the note in the following edition:
"Notes.
1. For the purposes of part eight of this Article the administrative responsibility arises in case as a result of adjustment of the distorted data violation by bank, bank branch - the nonresident of the Republic of Kazakhstan is revealed, the organization performing separate types of the banking activities established by National Bank of the Republic of Kazakhstan of prudential standard rates and (or) other regulations and limits, obligatory to observance.
2. For the purposes of parts ten, the twelfth, thirteenth and fourteenth this Article person to whom the right (requirement) for the agreement of bank loan is yielded, are understood as the collection agency, bank, the organization performing separate types of banking activities, the affiliated organization of bank acquiring doubtful and bad assets of parent bank, the organization specializing in improvement of quality of credit portfolios of banks of the second level, the special finance company created according to the legislation of the Republic of Kazakhstan on project financing and securitization in case of the transaction of securitization.";
Articles 217 and 218 to state 6) in the following edition:
"Article 217. Violation by agents of currency exchange control of procedure for submission of reports on currency transactions of clients
1. Violation by the agent of currency exchange control of the National Bank of the Republic of Kazakhstan of term of submission of the report on the notification on the performed currency transactions provided by regulatory legal act
attracts the prevention.
2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
3. Representation by the agent of currency exchange control of the incomplete and (or) doubtful report on the notification on the performed currency transactions, the National Bank of the Republic of Kazakhstan provided by regulatory legal act,
attracts the prevention.
4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
5. Violation by the agent of currency exchange control of the National Bank of the Republic of Kazakhstan of term of submission of the report on currency agreements provided by regulatory legal act on export or import
attracts the prevention.
6. The act provided by part five of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
7. Representation by the agent of currency exchange control of the incomplete and (or) doubtful report on currency agreements on export or import provided by regulatory legal act of National Bank of the Republic of Kazakhstan
attracts the prevention.
8. The action provided by part seven of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
9. Violation by the agent of currency exchange control of the National Bank of the Republic of Kazakhstan of term of submission of the report on currency agreements provided by regulatory legal act, on the basis and (or) in pursuance of which capital movement operations are performed,
attracts the prevention.
10. The act provided by part nine of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
11. Representation by the agent of currency exchange control of the incomplete and (or) doubtful report on currency agreements, on the basis and (or) in pursuance of which operations of the capital movement provided by regulatory legal act of National Bank of the Republic of Kazakhstan are performed
attracts the prevention.
12. The action provided by part eleven of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
Article 218. Violation of procedure for submission of reports for the purposes of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan or activities reports on the organization of exchange transactions with cash foreign currency
1. Violation by the authorized bank or the professional participant of the security market performing currency transactions according to orders of clients, the National Bank of the Republic of Kazakhstan of term of submission of the report provided by regulatory legal act for the purposes of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan
attracts the prevention.
2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
3. Representation by the authorized bank or the professional participant of the security market performing currency transactions according to orders of clients, the incomplete and (or) doubtful report for the purposes of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan provided by regulatory legal act of National Bank of the Republic of Kazakhstan
attracts the prevention.
4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
5. Violation by authorized bank or authorized organization of the National Bank of the Republic of Kazakhstan of term of submission of the activities report provided by regulatory legal act for the organization of exchange transactions with cash foreign currency
attracts the prevention.
6. The act provided by part five of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.
7. Representation by authorized bank or authorized organization of the incomplete and (or) doubtful activities report for the organization of exchange transactions with cash foreign currency provided by regulatory legal act of National Bank of the Republic of Kazakhstan
attracts the prevention.
8. The action provided by part seven of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifteen monthly settlement indicators.";
7) in Article 220:
in the paragraph the second part one:
to replace the word of "two hundred" with the word of "hundred";
add with the words "on subjects of medium business and two hundred monthly settlement indicators on subjects of big business";
in part two:
word in paragraph one "to payment or" shall be replaced with words "to payment and (or)";
in the paragraph the second:
"to payment or" shall be replaced with words words "to payment and (or)";
to replace the word of "two hundred" with the word of "hundred";
add with the words "on subjects of medium business and two hundred monthly settlement indicators on subjects of big business";
in the paragraph the second part four:
to replace the word of "two hundred" with the word of "hundred";
add with the words "on subjects of medium business and two hundred monthly settlement indicators on subjects of big business";
in the paragraph the second part 4-1:
to replace the word of "two hundred" with the word of "hundred";
add with the words "on subjects of medium business and two hundred monthly settlement indicators on subjects of big business";
in paragraph one of part seven of the word "payment agents and (or) payment subagents" shall be replaced with words "payment agents and (or) payment subagents";
state the note in the following edition:
"Notes.
1. Requirements of this Article do not extend to actions (failure to act), responsibility for which is provided by Article part eight 91, Article part four 92, part three of Article 92-1 and article 285 of this Code.
2. For the purposes of part one of this Article banks, branches of banks - nonresidents of the Republic of Kazakhstan, the organizations performing the separate types of banking activities deprived of the permission issued by National Bank of the Republic of Kazakhstan and (or) which on the correspondent account opened in National Bank of the Republic of Kazakhstan have unexecuted requirements or restrictions of the order with money interfering carrying out account transactions are not subject to administrative prosecution.";
To state Article 227 in the following edition:
"Article 227. Failure to carry out, untimely accomplishment of the obligations accepted and (or) assigned by means of application of measures of supervising reaction, limited corrective actions
1. Failure to carry out, untimely accomplishment by banks, large members of banks, the bank holdings, the organizations which are part of banking conglomerate, Development bank of Kazakhstan, the organizations, performing separate types of the banking activities, the obligations accepted by them and (or) assigned to them by National Bank of the Republic of Kazakhstan by means of application of measure of supervising reaction in the form of the written instruction and (or) the written agreement
attract penalty on physical persons in the amount of fifty, on small business entities - in the amount of two hundred fifty, on subjects of medium business - in the amount of three hundred fifty, on subjects of big business - in the amount of four hundred fifty monthly settlement indicators.
2. Failure to carry out, untimely accomplishment by the insurance (reinsurance) organizations, insurance brokers, insurance holdings, large members of the insurance (reinsurance) organization, the legal entities who are part of insurance group, the organization guaranteeing implementation of insurance payments, the actuary having the license for implementation of actuarial activities in the insurance market, professional participants of the security market, large members of the managing director of investment portfolio of the obligations accepted by them and (or) assigned to them by National Bank of the Republic of Kazakhstan by means of application of measure of supervising reaction in the form of the written instruction and (or) the written agreement
attract penalty on physical persons in the amount of fifty, on small business entities or non-profit organization - in the amount of hundred twenty, on subjects of medium business - in the amount of hundred ninety, on subjects of big business - in the amount of two hundred fifty monthly settlement indicators.
3. Failure to carry out, untimely accomplishment by issuers, the single accumulation pension fund, Voluntary accumulation pension funds, microfinancial organizations, operators of payment systems and payment service providers of the obligations accepted by them and (or) assigned to them by National Bank of the Republic of Kazakhstan by means of application of limited corrective actions
attract penalty on small business entities or non-profit organizations - in the amount of hundred twenty, on subjects of medium business - in the amount of hundred ninety, on subjects of big business - in the amount of two hundred fifty monthly settlement indicators.
4. Failure to carry out by the chairman of liquidation commission of bank, insurance (reinsurance) organization in time, established by National Bank of the Republic of Kazakhstan, written instruction about elimination of violations of the law of the Republic of Kazakhstan
attracts penalty on physical persons in the amount of forty monthly settlement indicators.
5. Failure to carry out, untimely accomplishment by the collection agency of the obligations accepted by it and (or) assigned to it by National Bank of the Republic of Kazakhstan by means of application of limited corrective actions
attract penalty in the amount of hundred fifty monthly settlement indicators.
Note. For the purposes of part three of this Article operators of payment systems and payment service providers are understood as operators of payment systems and payment service providers, not being the banks and the organizations performing separate types of banking activities.";
9) in Article 228:
parts the first, second and fourth to exclude;
in part five:
in paragraph one:
shall be replaced with words the words "established by National Bank of the Republic of Kazakhstan" "same";
after the word of "limits" to add with words ", established by National Bank of the Republic of Kazakhstan,";
in the paragraph the second:
after the word "penalty" to add with the words "on legal entities";
to replace the word of "five hundred" with the word of "three hundred";
the sixth and eighth to exclude parts;
to add part nine paragraph two after the word "penalty" with the words "on legal entities";
the tenth to state part in the following edition:
"10. Violation by the insurance (reinsurance) organization, insurance broker established by the legislation of the Republic of Kazakhstan on insurance and insurance activity of the conditions on proper documentation, accounting and document storage connected with their activities
attracts penalty on legal entities in the amount of fifty monthly settlement indicators.";
the eleventh to exclude part;
in part twelve:
in paragraph one:
"the indicators containing in it or" to exclude words;
after the word of "limits" to add with the words "established by National Bank of the Republic of Kazakhstan";
in the paragraph the second to replace the word of "four hundred" with the word of "two hundred";
parts the thirteenth, fourteenth and fifteenth to exclude;
regarding the seventeenth:
the paragraph one after the word "organization" to add with words ", insurance broker";
in the paragraph the second:
after the word "penalty" to add with the words "on legal entities";
to replace the word of "hundred" with the word of "fifty";
the eighteenth and the note to it to exclude part;
to add paragraph two of part of the nineteenth after the word "penalty" with the words "on legal entities";
add with the note of the following content:
"Note. For the purposes of part twelve of this Article the administrative responsibility arises in case as a result of adjustment of the distorted data violation by the insurance (reinsurance) organization, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan of the prudential standard rates and (or) other regulations and limits, obligatory to observance, established by National Bank of the Republic of Kazakhstan is revealed.";
10) in Article 229:
in word heading "the conclusion and execution of insurance contracts" shall be replaced with words "implementation of insurance payment";
in paragraph one of part one of the word "or the wrong accomplishment of other conditions of the signed agreement on insurance" shall be replaced with words "or implementation of insurance payment not in full";
word part two in paragraph one of "insurance agreement performance" shall be replaced with words "implementation of insurance payment";
11) in Article 239:
word part three in paragraph one "special finance companies, Islamic special finance companies," to exclude;
word part four in paragraph one "special finance companies, Islamic special finance companies," to exclude;
Articles 243, 244 and 251 to state 12) in the following edition:
"Article 243. Violation by branches (representations) of the foreign non-financial organizations of procedure for submission of reports for the purposes of monitoring of currency transactions
1. Violation by branch (representation) of the foreign non-financial organization of the National Bank of the Republic of Kazakhstan of term of submission of the operations statement provided by regulatory legal act with residents of the Republic of Kazakhstan and nonresidents of the Republic of Kazakhstan
attracts the prevention.
2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of ten monthly settlement indicators.
3. Submission of the incomplete and (or) doubtful operations statement by branch (representative office) of the foreign non-financial organization with residents of the Republic of Kazakhstan and nonresidents of the Republic of Kazakhstan provided by regulatory legal act of National Bank of the Republic of Kazakhstan
attracts the prevention.
4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of ten monthly settlement indicators.
Article 244. Violation of procedure for receipt of accounting number for the currency agreement or the foreign bank account and submission of information on them, documents and reports
1. Violation by physical person, individual entrepreneur or legal entity of the National Bank of the Republic of Kazakhstan of circulation period provided by regulatory legal act behind assignment to the currency agreement or the foreign bank account of accounting number
attracts the prevention.
2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on physical persons in the amount of ten, on small business entities, non-profit organizations - in the amount of twenty, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of hundred monthly settlement indicators.
3. Violation by the individual entrepreneur or legal entity of the National Bank of the Republic of Kazakhstan of term of submission of information and (or) documents confirming origin, execution and discharge and (or) circumstances which influence terms and (or) conditions of repatriation of national and (or) foreign currency provided by regulatory legal act
attracts the prevention.
4. The act provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on small business entities in the amount of twenty, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of hundred monthly settlement indicators.
5. Violation by physical person, individual entrepreneur or legal entity of the National Bank of the Republic of Kazakhstan of term of submission of the report on the currency agreement provided by regulatory legal act, on the basis and (or) in pursuance of which capital movement operations, or the foreign bank account with accounting number are performed
attracts the prevention.
6. The act provided by part five of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on physical persons in the amount of five, on small business entities - in the amount of ten, on subjects of medium business - in the amount of twenty, on subjects of big business - in the amount of forty monthly settlement indicators.
7. Representation by physical person, individual entrepreneur or legal entity of the incomplete and (or) doubtful report on the currency agreement, on the basis and (or) in pursuance of which the capital movement operations, or the foreign bank account with accounting number provided by regulatory legal act of National Bank of the Republic of Kazakhstan are performed
attracts the prevention.
8. The action provided by part seven of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on physical persons in the amount of five, on small business entities - in the amount of ten, on subjects of medium business - in the amount of twenty, on subjects of big business - in the amount of forty monthly settlement indicators.";
"Article 251. Failure to meet requirement of repatriation of national and (or) foreign currency
The failure to carry out by the individual entrepreneur or legal entity of the requirement of repatriation of national and (or) foreign currency made in the form of not transfer of national and (or) foreign currency on bank accounts in authorized banks:
1) revenues in national and (or) foreign currency from export;
2) the national and (or) foreign currency converted by resident of the Republic of Kazakhstan for benefit of the nonresident of the Republic of Kazakhstan for implementation of calculations for import which is subject to return in connection with non-execution or incomplete execution by the nonresident of the Republic of Kazakhstan of obligations
attracts penalty in the amount of twenty percent from the amount of not enlisted national and (or) foreign currency, but no more than two thousand monthly settlement indicators.
Note. Responsibility for making of the offenses provided by this Article comes in cases when after the repatriation expiration the amount of not enlisted national and (or) foreign currency exceeds threshold value over which currency agreements on export or import are subject to control of accomplishment of the requirement of repatriation according to regulatory legal act of National Bank of the Republic of Kazakhstan and if these actions (failure to act) do not contain signs of penal act.";
Article 252 to state 13) in the following edition:
"Article 252. Carrying out currency transactions with violation of the foreign exchange legislation of the Republic of Kazakhstan
1. Carrying out the prohibited currency transactions between residents of the Republic of Kazakhstan, carrying out payments and (or) money transfers not through bank accounts in authorized banks when such requirement is established by the foreign exchange legislation of the Republic of Kazakhstan, violation of procedure for purchase and (or) sale of foreign currency in the Republic of Kazakhstan
attract the prevention.
2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attract penalty on physical persons in the amount of twenty, on small business entities, non-profit organizations - in the amount of fifty, on subjects of medium business - in the amount of seventy, on subjects of big business - in the amount of hundred percent from the transaction amount which is carried out with violation of established procedure.";
5) of Article 253 the word "President" to replace 14) in the subitem with the word "Government";
Article 274 to add 15) with the note of the following content:
"Note. Person which provided the incomplete, doubtful declaration and data on the income and property which are the taxation object is not subject to the administrative responsibility provided by this Article in case of elimination of violation by submission of additional tax statements and (or) tax statements, additional on the notification, according to the tax legislation of the Republic of Kazakhstan.";
The note to Article 463 to state 16) in the following edition:
"Note. Responsibility under this Article does not extend to the notification on the performed currency transactions and the accounting registration of currency contracts performed according to the Law of the Republic of Kazakhstan "About currency control and currency exchange control" and also for the notifications performed according to the Law of the Republic of Kazakhstan "About natural monopolies".";
17) in Article 724 part one:
shall be replaced with words the words "228 (parts one, the second, the fourth, the fifth, the sixth, the eighth, the ninth, the tenth, the eleventh, the twelfth, the thirteenth, the fourteenth, the fifteenth, the sixteenth, the seventeenth, the eighteenth, nineteenth and twentieth)" "228 (parts five, the ninth, the tenth, the twelfth, the sixteenth, seventeenth and nineteenth)";
shall be replaced with words the words "252 (parts one, the third and fourth)" "252 (part one)";
18) in Article 806 part six:
shall be replaced with words the words "213 (parts four and the eighth)" "213 (parts four, the eighth and ninth)";
shall be replaced with words the words "227 (parts one, the second and fourth)" "227 (parts one, the second, third and fifth)".
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