RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of March 14, 2018 No. 2018-P-14/8-11-(BS)

About introduction of amendments to the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services" of May 26, 2010 No. 36/7

According to articles 20 and 68 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity", the Board of National Bank of the Kyrgyz Republic decides:

1. Make changes to the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services" of May 26, 2010 No. 36/7" (are applied).

2. To legal management:

- publish this resolution on the official website of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

3. This resolution becomes effective after fifteen days from the date of official publication.

4. To management of payment systems to bring this resolution to the attention of commercial banks, operators of payment systems and payment institutes of the Kyrgyz Republic.

5. To impose control of execution of this resolution the pas the vice-chairman of National Bank Kyrgyz Republics Orozbayeva Л.Дж.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of March 14, 2018 No. 2018-P-14/8-11-(BS)

Changes in the resolution of National Bank of the Kyrgyz Republic "About approval of the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services" of May 26, 2010 No. 36/7"

Bring in the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services" of May 26, 2010 No. 36/7" the following changes:

in the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services" approved by the above-stated resolution:

Item 4 to state 1) in the following edition:

"4. The bank can involve as the retail agent the legal entity or the individual entrepreneur according to requirements of this provision. At the same time responsibility for obligation fulfillment by agents within the agreement is born by bank.

Retail agents can provide:

- expanded range of banking retail services;

- limited range of banking retail services.";

Item 5 to state 2) in the following edition:

"5. Treat expanded range of banking retail services:

- acceptance and carrying out payments and calculations for the goods and services which are not result of the activities for benefit of the third parties by means of the payment systems based on information technologies and electronic means, and methods of carrying out payments;

- implementation of money transfers by means of money transfer systems;

- issue and acceptance of forms and their transfer to bank for registration of the credits the overdraft;

- repayment of the credits;

- replenishment of the bank account;

- distribution/repayment of electronic money.";

Item 6 to state 3) in the following edition:

"6. Treat limited range of banking retail services:

- acceptance and carrying out payments and calculations for the goods and services which are not result of the activities for benefit of the third parties by means of the payment systems based on information technologies and electronic means, and methods of carrying out payments;

- repayment of the credits;

- distribution/repayment of electronic money.";

Item 6-1 to state 4) in the following edition:

"6-1. The bank in case of involvement of the retail agent for distribution/repayment of electronic money shall observe the requirements of National Bank established in the Provision "About Electronic Money in the Kyrgyz Republic" approved by the resolution of Board of National Bank of the Kyrgyz Republic. In case of non-compliance with requirements of regulatory legal acts, the National Bank has the right to apply corrective actions according to the legislation of the Kyrgyz Republic.";

To add 5) with Item 7-1 of the following content:

"7-1. It is forbidden to agents of expanded range of banking retail services and agents of limited range of banking retail services:

- acceptance of lottery rates, except for state (national) the lotteries which are carried out in real time;

- acceptance of payments for the lottery tickets, receipts and other documents certifying the participation right in lottery.";

To add 6) with Item 9-1 of the following content:

"9-1. Barkod (barcode) - bar code, machine-readable code, set of geometrical symbols which arrangement is described in the corresponding goods / objects, etc.";

7) in Item 10:

- in paragraph one after words of "banking retail services" to add with the words "according to Item 25 of this provision";

- paragraphs two and third to recognize invalid;

To declare Item 17-1 invalid;

Item 25 to state 9) in the following edition:

"25. Bank, being guided by documents on risk management and information system management, shall develop criteria at the choice of the retail agent, based on the following categories of agents according to regulatory legal acts of National Bank:

1) Agents on provision of expanded range of banking retail services are legal entities, residents of the Kyrgyz Republic who have the license of National Bank for one of the following types of banking activity and banking activities:

a) on implementation of activities for the microfinancial organizations;

b) on implementation of activities of credit unions;

c) on implementation of activities for rendering services in acceptance and carrying out payments and calculations for the goods and services which are not result of the activities for benefit of the third parties by means of the payment systems based on information technologies and electronic means, and methods of carrying out payments;

d) on implementation of activities for carrying out exchange transactions with cash foreign currency.

2) Agents on provision of limited range of banking retail services are the agents who are not falling under agents on provision of expanded range of banking retail services, being legal persons / individual entrepreneurs, residents of the Kyrgyz Republic, not having/having the license of National Bank for implementation of activities of banking/payment services, and also the state company "Kyrgyz of Pochtasa".";

10) in Item 26:

- in the offer the first ambassador of the words "contract with the retail agent and" of the word "in need of" to exclude;

- in the offer the second to replace the words "it is unambiguous to claim" with the word "contain";

11) in Item 45:

- shall be replaced with words the words "issues the cash register receipt upon the demand of the payer" "shall issue to the payer the cash (electronic) register receipt";

- the offer second to exclude;

Item 51 to state 12) in the following edition:

"51. Information on the accepted payments shall be stored in the hardware and software and on electronic media of bank and/or at the retail agent of five years.";

Item 64 to state 13) in the following edition:

"64. Depending on conditions of the agency agreement on provision of banking retail services the retail agent can establish payment terminals with the full-function keyboard allowing to enter in case of need:

- identification text information on the client;

- devices of biometric scanning;

- devices of scanning of barkod.";

Item 69 to state 14) in the following edition:

"69. All operations performed by the retail agent on provision of banking retail services shall be stored in that format in which they were created, sent or received with respect for their integrity and invariance during the term (five years).";

Appendix 1 to the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services" to state 15) in the following edition:

"Appendix 1

to the Provision "About the Main Requirements to Activities of Commercial Banks in case of the Conclusion of the Agency Agreement on Provision of Banking Retail Services"

Name of commercial bank

_________________________________

For ________ quarter 20 __ year.

The report on involvement of retail agents on provision of retail banking services to the population from bank name

A. The retail agents providing expanded range of services
№	Name of the agent	Location (address)	Types of the provided services
1	2	3	4
B. The retail agents providing limited range of services
№	Name of the agent	Location (address)	Types of the provided services
1	2	3	4

Contractor of _________________________   ____________________________________
                   (personal signature)                (initials, surname)

 

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