RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2018 No. 230

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes and additions are made (further - the List), according to appendix to this resolution.

2. To department of regulation of the non-bank financial organizations (Kosherbayeva A. M.) 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 twenty one calendar days after day of its first official publication, except for:

item 4 of the List which becomes effective after day of the first official publication of this resolution;

paragraphs of the eleventh and fifty fourth Item 1, the paragraph of the eighth Item 5 of the List which become effective since January 1, 2019.

6. Suspend till January 1, 2019:

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

"These rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker (further - Rules) are developed according to the laws of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further - the Law), of May 13, 2003 "About joint-stock companies", of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" (further - the Law on GPO of vehicles), of July 1, 2003 "About compulsory insurance of civil responsibility of carrier to passengers" (further - the Law on GPO of carriers), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of May 16, 2014 "About permissions and notifications" also determine procedure and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also the requirement to contents of the documents submitted to authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) for receipt of permission to creation of the insurance (reinsurance) organization, procedure and conditions of licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker, and also establish requirements to contents of the documents submitted to authorized body for receipt of the license.";

2) Item 11 of appendix 14 to the List, having determined that during suspension this Item is effective in the following edition:

"11. Data on whether the applicant - physical person, the leading employee of the applicant - the legal entity was the head, the member of governing body, the head, the member of executive body (person solely performing functions of executive body of the registrar, transfer agent and his deputy), the chief accountant of the financial organization, the large participant earlier - physical person, the head of the large participant (insurance holding, bank holding) - the legal entity of the financial organization during the period no more than 1 (one) prior to acceptance by authorized body on regulation, control and supervision of the financial market and the financial organizations of the decision on preservation of the financial organization or the forced redemption of its shares, deprivation of the license of the financial organization which entailed its liquidation and (or) the termination of implementation of activities in the financial market or introductions in legal force of the judgment about involuntary liquidation of the financial organization, or recognition by her bankrupt in accordance with the established procedure the legislation of the Republic of Kazakhstan

________________________________________________________________________________

(yes (is not present), to specify the name of the organization, position, the work period)".

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of September 27, 2018 No. 230

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes and additions are made

1. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of April 30, 2007 No. 122 "About approval of Rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker" (it is registered in the Register of state registration of regulatory legal acts at No. 4731) the following changes and amendment:

in Rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and the activities of insurance broker approved by the specified resolution:

state preamble in the following edition:

"These rules of issue of permission to creation of the insurance (reinsurance) organization, and also licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker (further - Rules) are developed according to the laws of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further - the Law), of May 13, 2003 "About joint-stock companies", of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" (further - the Law on GPO of vehicles), of July 1, 2003 "About compulsory insurance of civil responsibility of carrier to passengers" (further - the Law on GPO of carriers), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of December 31, 2003 "About compulsory insurance of the tourist" (further - the Law on compulsory insurance of the tourist), of May 16, 2014 "About permissions and notifications" also determine procedure and conditions of issue of permission to creation of the insurance (reinsurance) organization, and also the requirement to contents of the documents submitted to authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) for receipt of permission to creation of the insurance (reinsurance) organization, procedure and conditions of licensing for the right of implementation of insurance (reinsurance) activity and activities of insurance broker, and also establish requirements to contents of the documents submitted to authorized body for receipt of the license.

Rules extend also to the Islamic insurance (reinsurance) organizations.";

state Item 8 in the following edition:

"8. The business plan of the created insurance (reinsurance) organization is presented in the stitched and numbered form in one copy. The main requirements to the business plan of the insurance (reinsurance) organization are provided in appendix 5 to Rules.";

state Item 11-1 in the following edition:

"11-1. For receipt of the license for the right of implementation of compulsory liability insurance of owners of vehicles the applicant submits the document confirming accomplishment of the requirement of Item 1 of article 8 of the Law on GPO of vehicles to authorized body.

For receipt of the license for the right of implementation of compulsory liability insurance of carrier before passengers the applicant submits the document confirming accomplishment of the requirement of Item 1 of article 8 of the Law on GPO of carriers to authorized body.

For receipt of the license for the right of implementation of compulsory insurance of the tourist the applicant submits the documents confirming fulfillment of requirements of Item 1 of article 7-1 of the Law on compulsory insurance of the tourist to authorized body.";

exclude Items 11-2 and 11-4;

state Item 12 in the following edition:

"12. The license for the right of implementation of insurance (reinsurance) activity on industry "general insurance" is granted in form according to appendix 6 to Rules.

The license for the right of implementation of Islamic insurance (reinsurance) activity on industry "general insurance" is granted in form according to appendix 6-1 to Rules.

The license for the right of implementation of insurance (reinsurance) activity on industry "life insurance" is granted in form according to appendix 7 to Rules.

The license for the right of implementation of Islamic insurance (reinsurance) activity on industry "life insurance" is granted in form according to appendix 7-1 to Rules.

The license for activities for reinsurance is granted in form according to appendix 7-2 to Rules.

The license for the right of implementation of activities of insurance broker is granted in form according to appendix 8 to Rules.";

state Item 15 in the following edition:

"15. For exception of the license for the right of implementation of insurance activity of separate classes of insurance the licensee submits to authorized body documents, stipulated in Item the 6th article 37 of the Law.

For exception of the license for the right of implementation of activities of insurance broker of separate type of broker activities the insurance broker submits documents, stipulated in Item 8-3 articles 37 of the Law to authorized body.";

state Item 17 in the following edition:

"17. The application with appendix of required documents is submitted on paper or in electronic form through the web portal of "the electronic government".

The authorized body receives from the corresponding state information systems through lock of "the electronic government" of the data, specified in documents:

proving the identity of the physical person - the resident of the Republic of Kazakhstan;

confirming absence at the physical person - the resident of the Republic of Kazakhstan of not removed or unspent conviction;

about state registration (re-registration) of the legal entity - the resident of the Republic of Kazakhstan.";

state Item 19 in the following edition:

"19. Data on availability in staff of the applicant of the actuary having the license for implementation of actuarial activities in the insurance market (further - the actuary), are constituted in form according to appendix 10 to Rules.";

to state part one of Item 21 in the following edition:

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