RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of May 17, 2017 No. 19/10

About modification and amendments in some regulatory legal acts of National Bank of the Kyrgyz Republic

According to articles 7 and 43 of the Law "About National Bank of the Kyrgyz Republic" Board of National Bank of the Kyrgyz Republic decides:

1. Make changes and additions to the following regulatory legal acts of National Bank of the Kyrgyz Republic (are applied):

- The resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for work with bank accounts, accounts on deposits (deposits)" of October 31, 2012 No. 41/12;

- The resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for provision of the Kyrgyz Republic by commercial banks to clients of individual bank safe deposit boxes" of September 12, 2012 No. 37/2.

2. To legal management:

- publish this Resolution on the official site of National Bank of the Kyrgyz Republic;

- after official publication to send this Resolution to the Ministry of Justice of the Kyrgyz Republic for entering into the State register of regulatory legal acts of the Kyrgyz Republic.

3. This Resolution becomes effective on June 22, 2017.

4. To management of methodology of supervision and licensing to bring this Resolution to the attention of commercial banks, National bank of development of the Kyrgyz Republic, Public service of financial investigation under the Government of the Kyrgyz Republic, specialized financial credit institute JSC Finance Company of Credit Unions, the microfinance companies and credit unions attracting deposits, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

5. To impose control of execution of this Resolution on the board member of National Bank of the Kyrgyz Republic Dzhusupova Т.Дж.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of May 17, 2017 No. 19/10

Changes and amendments in some regulatory legal acts of National Bank of the Kyrgyz Republic

1. Bring in the Resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for work with bank accounts, accounts on deposits (deposits)" of October 31, 2012 No. 41/12 the following changes and amendments:

- to state the name of the Resolution in the following edition:

"About approval of the Instruction for work with bank accounts, accounts on bank deposits (deposits)";

- in Item 1 of the word "accounts on deposits (deposits)" shall be replaced with words "accounts on bank deposits (deposits)";

in the Instruction for the work with bank accounts, accounts on deposits (deposits) approved by the above-stated Resolution:

- in the name of the word "accounts on deposits (deposits)" shall be replaced with words "accounts on bank deposits (deposits)";

- in all text of the word "contribution (deposit)" in different case forms shall be replaced with words "bank deposit (deposit)" in the corresponding cases and numerical values;

- the paragraph one of preamble to state in the following edition:

"This Instruction determines procedure for opening, maintaining and closing of bank accounts, accounts on bank deposits (deposits) of physical persons, individual entrepreneurs and legal entities (further - clients) the commercial banks, specialized financial credit institution of JSC Finance Company of Credit Unions, microfinance companies, credit unions attracting deposits, licensed by National Bank of the Kyrgyz Republic (further - National Bank), and also National bank of development of the Kyrgyz Republic (further - banks). Requirements of this Instruction extend to the microfinance companies attracting deposits taking into account the restrictions set by National Bank according to article 16 of the Law of the Kyrgyz Republic "About the microfinancial organizations in the Kyrgyz Republic", on the credit unions attracting deposits taking into account the restrictions set by National Bank according to article 4 of the Law of the Kyrgyz Republic "About credit unions", and

on National bank of development of the Kyrgyz Republic taking into account the features provided by the Law of the Kyrgyz Republic "About National bank of development of the Kyrgyz Republic.";

- the first offer of Item 1 to state in the following edition:

"Attraction of deposits and other money from legal entities and physical persons is one of main types of transactions of banks according to the laws of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity", "About the microfinancial organizations in the Kyrgyz Republic" and "About credit unions" in the presence of the license of National Bank.";

- in Item 11:

state paragraph two in the following edition:

"The bank deposit (deposit) - is understood in that value which is specified in Article 749 of the Civil code of the Kyrgyz Republic.";

add with the paragraph the fourth the following content:

"Clearing settlement - is understood in that value which is specified in article 2 of the Law of the Kyrgyz Republic "About payment system of the Kyrgyz Republic.";

- add Item 13 with the paragraph the fourth the following content:

"-special accounts.";

- in Item 15:

the paragraph one to state in the following edition:

"The settlement (current) account is the account intended for storage of money and implementation of the current calculations including carrying out calculations with use of bank payment cards made by legal entities except banks, and individual entrepreneurs (receipts, payments, mutual settlings with other physical persons or legal entities, transfers in other financial credit institutions) on bank account agreement, and also physical persons (residents) - agricultural producers according to requirements of this Instruction.";

in paragraph three of the word and figures "of 09.09.2005 No. 420/21/4" shall be replaced with words also in figures "of September 9, 2005 No. 420/21/4";

the fourth offer of the paragraph of the fourth to state in the following edition:

"Calculations and payments in case of target use of the credit, and also regular payments on the credit can be made in cash and non-cash forms.";

- Add the instruction with Item 15-1 of the following content:

"15-1. Special accounts are the accounts opened by bank for legal entities and physical persons, intended for accounting and blocking of money before certain circumstances or accomplishment of the certain obligations provided in the agreement according to requirements of the legislation of the Kyrgyz Republic.";

- state Item 16 in the following edition:

"16. Accounts on bank deposits (deposits) are intended for saving and accumulating of means, and also for carrying out payments and calculations. Bank deposits (deposits) can be percentage and interest-free. Depending on terms of the contract of the account on bank deposits (deposits) are subdivided on:

- accounts on bank deposits (deposits) poste restante;

- accounts on term bank deposits (deposits);

- accounts on deposits on other terms of return.";

- state Item 17 in the following edition:

"17. The account on bank deposit (deposit) poste restante is the account used by physical person or legal entity for storage and funds accumulation on bank deposit agreement (deposit) poste restante and also for carrying out payments and calculations.

Rules of bank account agreement are poste restante applied to the relations of bank and the investor - physical person on bank deposit (deposit) if other does not follow from being of bank deposit agreement (deposit). At the same time into the account on bank deposit (deposit) poste restante of physical persons, in addition to personal funds of the client, the salary, royalties, pensions, the alimony, social benefits, funds from other bank account, the payments connected with inheritance, payment for realization of the personal property belonging to the account holder, money transfers and other receipts and payments including payments on the credits can be enlisted. From the account on bank deposit (deposit) poste restante of physical person the client can make payments of personal nature, including payments for the goods (the rendered services) acquired for the personal purposes, repayments on the credit, the utility payments and other similar payments having personal character.";

- state Item 18 in the following edition:

"18. The account on term bank deposit (deposit) is account into which physical persons and legal entities under the agreement of term bank deposit for a certain period of time deposit money, revenue-producing on the added percent.

The account on term bank deposit (deposit) is used for storage and funds accumulation and is not intended for settlings with the third parties.

Interests on the amount of term bank deposit (deposit) are paid to the client according to its requirement according to terms of the contract of term bank deposit (deposit) or transferred according to its requirement of other account.

In cases when the term bank deposit (deposit) is paid back to the client according to its requirement before the expiration or before other circumstances specified in the agreement, interests on it are paid in the amount of, corresponding to the size of the interests paid by bank on bank deposits (deposits) poste restante if the agreement does not provide higher size of percent. On term bank deposit (deposit) partial fees in the main amount of bank deposit (deposit) and withdrawal of the main amount of bank deposit (deposit) according to bank deposit agreement (deposit) are possible.

In cases if the amounts of term bank deposit (deposit) after term or the amount of bank deposit (deposit) made on other terms of return is not demanded by the client, in case of approach of the circumstances provided by the agreement, the agreement is considered prolonged on former conditions if other is not provided by the agreement.

After storage duration of term bank deposit (deposit) it can be renewed for new term. The bank deposit (deposit) can be renewed for new storage duration with increase or reduction of the amount of term bank deposit (deposit).

The bank shall provide account statements of the investor on its request no later than five working days from the moment of receipt of request.";

- Add the instruction with Item 18-1 of the following content:

"18-1. Bank and the client can sign the agreement of contribution on other terms of return. The agreement of contribution on other terms of return is understood as the agreement according to which the bank shall pay back deposit and pay the interests added on it in case of approach (not approach) determined in the signed agreement of circumstance (event).";

- state Item 22 in the following edition:

"22. The bank shall refuse to the client opening of the account or carrying out account transactions if:

- the relevant documents necessary for fulfillment of requirements on opening of the account and carrying out transactions on it, identification of the client and establishment of the beneficial owner (beneficiary) are not submitted;

- obviously doubtful documents are submitted.

At the same time the bank shall send in accordance with the established procedure the corresponding message (with statement of the suspicions) to authorized state body in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities in case of suspicion or availability of the basis to suspect that money or property are the criminal income or are connected with financing of terrorist or extremist activities, or will be used for this purpose.

If concerning the client there are data on participation in terrorist and extremist activities or distribution of weapons of mass destruction received according to regulations of the legislation of the Kyrgyz Republic, the bank shall suspend without prior notice the client transaction (transaction) and/or block funds of this client for three working days and notify on it authorized state body in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities in the procedure established by the legislation of the Kyrgyz Republic.

Further carrying out the suspended transaction (transaction) or unblocking of means is performed based on the decision of authorized state body in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities.";

- state Item 35 in the following edition:

"35. Accounts it can be seized in the cases provided by the laws of the Kyrgyz Republic.

In case of seizure of the account the bank shall stop any account account transactions immediately. In case of seizure of certain amount of the money which is on the account any account transactions within not reduced remaining balance in the amount of this amount stop.

Confiscation of money from accounts can be made only based on the sentence (Resolution) of court which took legal effect.";

- Add the instruction with Item 45-1 of the following content:

"45-1. For opening of the special account the same documents, as for opening of the bank account are submitted to bank. The operating procedure with special accounts is determined by the legislation of the Kyrgyz Republic and internal documents of bank.";

- the paragraph one of Item 50 to state in the following edition:

"In case of renewal of the account in connection with reorganization of the legal entity (merge, accession, separation, allocation and transformation) by the account holder to bank the same documents are submitted, as well as when opening the account to the new legal entity.";

- state Item 51 in the following edition:

"51. In case of renewal of the account in case of the beginning of liquidation shall be provided to bank:

- the decision of the supreme body of management of the legal entity or the body authorized by it, and in case of bankruptcy - the solution of creditor meeting (in case of the extrajudicial announcement the bankrupt) or the judgment with indication of surname, name, middle name of the special administrator (liquidator);

- notarized card with specimen signatures and impress of a seal.";

- add Item 52 with the paragraph third the following content:

"The bank informs the client to the last known address on need of receipt of balance in cash, and in case of absence of the client the balance in cash is stored on system accounting (on balance) bank. At the same time money shall be considered on the separate summary account in group of bank deposits (deposits) poste restante (for microfinance companies, credit unions attracting deposits - in group of deposits) with their obligatory stand-alone accounting on each client according to the legislation of the Kyrgyz Republic.";

- Add the instruction with Item 52-1 of the following content:

"52-1. Money of legal entities on bank account agreement can be considered on the separate summary account at least three years.

After fixed term if probability of cash outflow in connection with the address of clients about return of money low, the bank has the right to write off the above-stated obligations from balance and to consider it is termless with their obligatory stand-alone accounting on each client.

In case of the address of the client with the statement for return of money on bank deposit agreement (deposit) after write-off from balance the bank shall compensate money to the client at the expense of own means.";

- state Item 53 in the following edition:

"53. The bank has the right to terminate unilaterally bank account agreement or bank deposit (deposit) with obligatory fixing of this condition in the agreement and the customer notification for one calendar month to account termination if:

- the cash amount, being on the customer account, will appear below the minimum size provided by bank account agreement;

- on the customer account during the term defined by the agreement there is no money or on the account transactions according to the order of the client were not made;

- the client does not submit the relevant documents necessary for fulfillment of requirements of identification and verification of the client and establishment of the beneficial owner (beneficiary), to carrying out account transactions;

- the client does not submit the relevant documents necessary for carrying out account transactions confirming economic feasibility of the made transaction and reality of implementation by the client of real economic activity;

- doubtful documents are submitted.

If concerning the client there are data on participation in terrorist and extremist activities or distribution of weapons of mass destruction received according to regulations of the legislation of the Kyrgyz Republic, the bank shall block without prior notice the client of funds of this client for three working days and notify on it authorized state body in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities in the procedure established by the legislation of the Kyrgyz Republic.

Further unblocking of means is performed based on the decision of authorized state body in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities.";

- declare Item 54 invalid;

- to state Item 5 of Appendix 1 in the following edition:

"5. For the identity certificate of physical persons the following documents are accepted:

1) for citizens of the Kyrgyz Republic:

- passport of the citizen of the Kyrgyz Republic (ID card);

- the all-civil passport (international passport) of the citizen of the Kyrgyz Republic in the presence in their all-civil passport of mark of diplomatic representation or consular establishment of the Kyrgyz Republic about statement on consular accounting or on the permanent residence and the valid residence permit of adoptive state, and also about marital status;

- the certificate of birth (for opening of the account for benefit of minors up to 14 years, and also for opening of the account by the minor aged from 14 up to 18 years);

- identity certificate of the officer, ensign or military ID of the serviceman of conscription service;

2) for foreign citizens:

- the passport of the foreign citizen or other document established by the law or recognized according to international agreements of the Kyrgyz Republic as the identity document;

- the document confirming the right of the foreign citizen or stateless person to stay (residence) in the Kyrgyz Republic: the residence permit, permission to temporary residence, the visa or other document issued in the procedure established by the legislation of the Kyrgyz Republic for refugees - the certificate of refugees.";

- in Appendix Item 3 shall be replaced with words 3 words of "Basel committee on supervision" "Basel Committee on Banking Supervision".

2. Bring in the Resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for provision of the Kyrgyz Republic by commercial banks to clients of individual bank safe deposit boxes" of September 12, 2012 No. 37/2 the following change:

in the Instruction for provision of the Kyrgyz Republic by commercial banks to clients of individual bank safe deposit boxes approved by the above-stated Resolution:

- state Item 28 in the following edition:

"28. Arrest can be imposed on the objects which are stored in the safe in the cases provided by the laws of the Kyrgyz Republic.

In case of seizure of the objects which are in bank stored any account transactions on movement of objects immediately stop.

Opening, search, survey, dredging and other investigative actions concerning the objects which are stored in the safe can be made by investigating bodies on the brought criminal cases only based on court resolution.

Opening, search or dredging of the objects which are stored in the safe and also seizure of these objects, is performed in the presence of authorized bank employees according to internal documents of bank. At the same time the inventory of content of the safe which shall be signed by the present bank employees is constituted, and also video filming of process of opening, search or dredging of the objects which are stored in the safe shall be carried out.".

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