RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2018 No. 182

About modification and amendments in some resolutions of Board of National Bank of the Republic of Kazakhstan concerning payments and payment systems

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", on March 19, 2010 "About the state statistics", on July 26, 2016 "About payments and payment systems", on July 2, 2018 "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" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the List of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and additions concerning payments and payment systems are made, (further - the List), according to appendix to this resolution.

2. To department of payment systems (Ashykbekov E. 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 its direction 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) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and Item 3 of this resolution.

3. 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.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Kurmanov Zh. B.

5. This resolution becomes effective after ten calendar days after day of its first official publication, except for paragraphs of the twenty fourth, sixty fourth, sixty fifth, sixty sixth, sixty seventh, hundred twenty seventh Item 7 of the List, paragraphs of the eighty seventh, eighty eighth, eighty ninth, ninetieth, ninety first, ninety seventh, ninety eighth, ninety ninth, 100-th, hundred first Item 8 of the List which become effective since January 1, 2019.

6. Suspend till January 1, 2019:

1) the paragraph of the hundred seventeenth Item 7 of the List, having determined that during suspension this paragraph is effective in the following edition:

"60. When maintaining by bank bank accounts of the clients transferred to it by other bank in cases, the provided articles 60-1 and 61-2 of the Law on banks and banking activity the bank assigns for the specified bank accounts new individual identification codes and notifies tax authorities according to the procedure, determined by the subitem 1) of part one of article 24 of the Tax Code.";

2) the paragraph of the hundred twenty first Item 7 of the List, having determined that during suspension this paragraph is effective in the following edition:

"1) in case of discrepancy of bank details and his client to the details specified in the decision and (or) the order of authorized state body or the official on suspension of account transactions according to the bank account of the client, according to the Rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 208, registered in the Register of state registration of regulatory legal acts at No. 14419, (further - Rules of implementation of cashless payments), except as specified their discrepancies to the details specified in earlier shown decisions and (or) orders of authorized state body or the official on suspension of account transactions according to the bank account of the client in the cases provided by articles 60-1 and 61-2 of the Law on banks and banking activity; ";

3) the paragraph of the seventieth Item 8 of the List, having determined that during suspension this paragraph is effective in the following edition:

"the cases provided by articles 60-1 and 61-2 of the Law on banks and banking activity;";

4) the paragraph of the seventy first Item 8 of the List, having determined that during suspension this paragraph is effective in the following edition:

"execution of earlier shown collection orders to bank accounts of the sender of money in cases when the beneficiary is serviced in bank - the legal successor within the transactions provided by articles 60-1 and 61-2 of the Law on banks and banking activity. Execution of such collection orders is performed with correction of bank details of the beneficiary (IIK, naimenovaniye bank identification code of bank of the beneficiary), based on the document of the bank legal successor confirming details of the beneficiary and bank of the beneficiary;";

5) the paragraph of the seventy second Item 8 of the List, having determined that during suspension this paragraph is effective in the following edition:

"3) discrepancies of IIK, IIN (BIN) of the sender of money to the details specified in the payment document, except for corrections of the sender of money by bank in payment documents IIK of the client in the cases provided by articles 60-1 and 61-2 of the Law on banks and banking activity in case of execution of the payment document from other bank accounts of the client in the cases provided by Rules;".

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2018 No. 182

The list of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and additions concerning payments and payment systems are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 31, 2015 No. 261 "About approval of Rules of carrying out transactions with translated and promissory notes by the banks of the second level and the organizations performing separate types of banking activities" (it is registered in the Register of state registration of regulatory legal acts at No. 13071, it is published on March 14, 2016 in information system of law of Ad_let) the following change:

in Rules of carrying out transactions with translated and promissory notes the banks of the second level and the organizations performing separate types of the banking activities approved by the specified resolution:

in appendix of the word "Seal (in the Presence)" to exclude.

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 200 "About approval of Requirements to the organizational measures and program technical means providing access to payment systems" (it is registered in the Register of state registration of regulatory legal acts at No. 14289, it is published on October 24, 2016 in information system of law of Ad_let) the following change:

in the Requirements to the organizational measures and program technical means providing access to payment systems, approved by the specified resolution:

state Item 54 in the following edition:

"54. The internal magazines of registration specified in Item 53 of Requirements are numbered, proshnurovyvatsya, sewed and make sure the signature of person allowed to work with payment system. The wrong entries in internal magazines of registration which are subject to adjustment also make sure the signature of person allowed to work with payment system.".

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 202 "About approval of Rules of release, use and repayment of electronic money, and also requirements to issuers of electronic money and electronic payment systems in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 14298, it is published on October 28, 2016 in information system of law of Ad_let) the following changes:

in Rules of release, use and repayment of electronic money, and also requirements to issuers of the electronic money and electronic payment systems in the territory of the Republic of Kazakhstan approved by the specified resolution:

state Item 25 in the following edition:

"25. Transfer of electronic money between the participants of electronic payment system who are owners of electronic money of both one, and several issuers within one electronic payment system is allowed.

Transfer of electronic money by the legal entity for benefit of physical persons and legal entities in the cases provided by part two of Item 8 of article 44 of the Law on payments and payment systems is allowed.";

state Item 28 in the following edition:

"28. The issuer provides observance stipulated in Item the 5th Article 42 and item 4 of article 44 of the Law on payments and payment systems of restrictions on acquisition amount of electronic money for not identified owners of electronic money.";

in appendix of the word "The Locus Sigilli (in case of Its Availability)" to exclude.

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 203 "About approval of Rules of application of codes of sectors of economy and purpose of payment" (it is registered in the Register of state registration of regulatory legal acts at No. 14365, it is published on November 14, 2016 in information system of law of Ad_let) the following changes:

in the Rules of application of codes of sectors of economy and purpose of payment approved by the specified resolution:

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