LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2019 No. 262-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation and development of the financial market, microfinancial activities and the taxation

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) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets 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-I, 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; No. 10, Art. 32; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 50; 2019, No. 2, Art. 6; No. 7, Art. 37):

1) in part one of Item 1 of Article 59:

shall be replaced with words words of "the microfinancial organizations" "the organizations performing microfinancial activities";

"the microfinancial organizations" shall be replaced with words words "microfinancial activities";

2) in Article 64 part two:

shall be replaced with words words of "the microfinancial organizations" "the organizations performing microfinancial activities";

"the microfinancial organizations" shall be replaced with words words "microfinancial activities";

3) in part two of Item 2 of Article 74:

shall be replaced with words words of "the microfinancial organizations" "the organizations performing microfinancial activities";

"the microfinancial organizations" shall be replaced with words words "microfinancial activities";

4) in Article 78 part two:

shall be replaced with words words of "the microfinancial organizations" "the organizations performing microfinancial activities";

"the microfinancial organizations" shall be replaced with words words "microfinancial activities";

"The microfinancial organizations" shall be replaced with words 5) in part two of Item 2 of Article 282 of the word "microfinancial activities";

6) in Article 328:

state Item 1 in the following edition:

"1. Acceptance from citizens as proof of the personal estate intended for private use in providing the short-term microcredits can be performed as business activity by the legal entities registered as pawnshops which activities are regulated by the legislation of the Republic of Kazakhstan on microfinancial activities.";

in Item 2 of the word "insurance of mortgage property" shall be replaced with words "insurance of mortgage property, and also the consent of the pledger to extrajudicial realization of subject of pledge";

state Item 2-1 in the following edition:

"2-1. The pledge agreement of things in pawnshop stops in connection with realization of subject of pledge or transition of such property to property of the pawnbroker.

In case of realization of pledged property, and also transition of such property to property of the pawnbroker along with termination of the contract about pledge of things in pawnshop stop the obligation of the borrower who at the same time is pledger, and the agreement on provision of the microcredit.

Realization of subject of pledge of the pledge agreement of things in pawnshop signed in ensuring agreement performance about provision of the microcredit can be performed without tendering not earlier than one month after the expiration of repayment of the microcredit in the presence of such condition in the pledge agreement of things in pawnshop.";

exclude Items 5 and 7.

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-I, 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-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, 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-I, Art. 49; No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98; 2018, No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 47, 50; No. 19, Art. 62; 2019, No. 2, Art. 6; No. 7, Art. 37):

Article 715 to add 1) with Item 2-1 of the following content:

"2-1. To individual entrepreneurs and legal entities provision of money in the form of loan is forbidden to citizens and such agreements are insignificant.

This prohibition does not extend to cases, stipulated in Item 2 these Articles, and also to cases of provision of money in the form of bank loans and the microcredits according to the laws of the Republic of Kazakhstan, loan the employer to the worker, the pensioner who was earlier consisting in employment relationships with this employer and also loan the legal entity to the founder (the shareholder, the participant).";

2) in Item 2 of Article 718:

in word part one of "the microfinancial organizations and credit partnerships" and "creditor" to exclude;

add with part two of the following content:

"Protection of the rights of borrowers of the organizations performing microfinancial activities is provided with measures, stipulated by the legislation the Republic of Kazakhstan about microfinancial activities.";

in word part two of "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

3) in Article 725-1:

in the subitem 5) to exclude parts one of Item 1 of the word "from the amount of the issued loan";

in Item 3 of the word of "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

4) in Article 728 part one:

in the subitem 2) shall be replaced with words the words "microfinancial organization" "the organization performing microfinancial activities";

in the subitem 5) shall be replaced with words words of "the microfinancial organization" "the organization performing microfinancial activities";

in the subitem 6) "the microfinancial organizations" shall be replaced with words words "microfinancial activities";

add with the subitem 8) of the following content:

"8) issue by pawnshop of the mortgage ticket is equated to the conclusion of the agreement on provision of the microcredit.";

Shall be replaced with words 5) in part four of Item 1-2 of Article 760 of the word of "National Bank of the Republic of Kazakhstan" "authorized body on regulation, control and supervision of the financial market and the financial organizations";

6) in Article 765:

to add Item 2-1 part one after the word "urgent" with the words "or conditional";

in Item 3 of the word "Item 2" shall be replaced with words "Item 2-1 part one";

in Item 6 of the word "Items 2, 3" shall be replaced with words "Item 2-1";

"Legal acts, regulatory legal acts of National Bank of the Republic of Kazakhstan" shall be replaced with words 7) in Article 766 of the word "the laws of the Republic of Kazakhstan";

8) in Article 830:

add Item 3 with parts two and third the following content:

"Implementation of exchange of information, including the data which are insurance secret between National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and the financial organizations is not disclosure of mystery of insurance.

Representation by the official of state body or person performing managerial functions in the organization, the documents and data containing the mystery of insurance as supporting documents and materials in case of the direction to criminal prosecution authority of the message on criminal offense is not disclosure of mystery of insurance.";

in Item 5:

in the subitem 5) to "state body" shall be replaced with words word parts one to "regulating authority, control and supervision of the financial market and the financial organizations and National Bank of the Republic of Kazakhstan";

in word part two "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations".

3. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-I, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-I, Art. 140, 143; No. 22-II, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; No. 20, Art. 96; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 7-8, of Art. 22; No. 9, Art. 31; No. 10, Art. 32; No. 12, Art. 39; No. 14, Art. 42; No. 15, Art. 47, 50; No. 16, Art. 55; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 93; 2019, No. 1, Art. 4; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45):

The subitem 40) of Item 1 of Article 49 to state 1) in the following edition:

"40) collection for passing of accounting registration of the organizations performing microfinancial activities, and their inclusion in the register of the organizations performing microfinancial activities;";

The subitem 1) of Item 1 of Article 53 to add 2) with the paragraph the nineteenth the following content:

"activities of authorized body for regulation, control and supervision of the financial market and financial organizations;";

"National Bank of the Republic of Kazakhstan" shall be replaced with words 3) in Item 12-2 of Article 67 of the word "authorized body on regulation, control and supervision of the financial market and the financial organizations";

3) of Article 216 of the word "National Bank of the Republic of Kazakhstan" shall be replaced with words 4) in subitem part one "authorized body on regulation, control and supervision of the financial market and the financial organizations";

2) of Article 229 of the word "National Bank of the Republic of Kazakhstan" shall be replaced with words 5) in the subitem "authorized body on regulation, control and supervision of the financial market and the financial organizations".

4. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-I, 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; No. 14, Art. 44; No. 15, Art. 46; No. 16, Art. 56; No. 23, Art. 88, 91; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 8, Art. 45):

Article 214 heading after the word "bank" to add 1) in table of contents with the word", microfinancial";

Item 28) of Article 3 to add 2) with the words "employees of authorized body on regulation, control and supervision of the financial market and the financial organizations;";

3) the paragraph the fourth article 50 parts two after the word "departments" to add with words "authorized body on regulation, control and supervision of the financial market and the financial organizations,";

4) in Article 214:

to add heading after the word "bank" with the word", microfinancial";

the paragraph one of part one after words of "(banking activities)" to add with the word", microfinancial".

5. 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-I, 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-I, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-I, 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-I, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-I, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-I, 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; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 36, 37; No. 8, Art. 45, 46):

1) in table of contents:

add with heading of Article 210-1 of the following content:

"Article 210-1. Failure to carry out of the requirement of National Bank of the Republic of Kazakhstan by authorized bank about elimination of the revealed violations of the foreign exchange legislation of the Republic of Kazakhstan";

in heading of Article 211 of the word "the microfinancial organizations" shall be replaced with words "microfinancial activities";

in heading of Article 212 of the word "and other" shall be replaced with words "or other";

to exclude heading of Article 215;

in heading of Article 223 of the word of "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

in heading of Article 232 of the word of "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

in heading of Article 239 of the word "legal entity" to exclude;

add with heading of Article 724-1 of the following content:

"Article 724-1. Authorized body on regulation, control and supervision of the financial market and the financial organizations";

2) in Article 47:

in word part three "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations and National Bank of the Republic of Kazakhstan within their competence";

the fifth to state part in the following edition:

"5. The exception of the register of the organizations performing microfinancial activities is performed by authorized body on regulation, control and supervision of the financial market and the financial organizations for the bases and according to the procedure which are established by the legislation of the Republic of Kazakhstan on microfinancial activities.";

in word part six "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

add with part of 6-1 following content:

"6-1. The exception of the register of payment institutes is performed by National Bank of the Republic of Kazakhstan on the bases and according to the procedure which are established by the Law of the Republic of Kazakhstan "About payments and payment systems".";

To add 3) with Article 210-1 of the following content:

"Article 210-1. Failure to carry out of the requirement of National Bank of the Republic of Kazakhstan by authorized bank about elimination of the revealed violations of the foreign exchange legislation of the Republic of Kazakhstan

1. Failure to carry out of the requirement of National Bank of the Republic of Kazakhstan by authorized bank about elimination of the revealed violations of the foreign exchange legislation 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 four hundred fifty monthly settlement indicators.

Note. Responsibility for making of the offense provided by part two of this Article comes in case of making of similar violation by authorized bank for which the authorized bank was brought to the administrative responsibility on part one of this Article.";

4) in Article 211:

in word heading "the microfinancial organizations" shall be replaced with words "microfinancial activities";

the paragraph one of part one to state in the following edition:

"1. Implementation by the organizations performing microfinancial activities, the types of activity which are not provided by the Law of the Republic of Kazakhstan "About microfinancial activities" -";

the paragraph one of part two to state in the following edition:

"2. Distribution or placement by the organization performing microfinancial activities in mass media of the advertizing untrue on the date of its publication, and also the advertizing connected with the offer of the microcredit on the conditions which are not corresponding to the legislation of the Republic of Kazakhstan on microfinancial activities if this action has no signs of penal act, -";

third to state part in the following edition:

"3. Representation by the organizations performing microfinancial activities, doubtful financial or other reporting

attracts the prevention.";

add with part of 3-1 following content:

"3-1. The act provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,

attracts penalty in the amount of fifty monthly settlement indicators.";

word part four in paragraph one "the microfinancial organizations of the prudential standard rates established by National Bank of the Republic of Kazakhstan and (or) other regulations and limits, obligatory to observance" shall be replaced with words "the organizations performing microfinancial activities, the same prudential standard rates and (or) other regulations, obligatory to observance, and limits set by authorized body on regulation, control and supervision of the financial market and the financial organizations";

the paragraph one of part five to state in the following edition:

"5. Not specifying, doubtful specifying of the size of the annual effective rate of remuneration calculated according to the procedure, established by the legislation of the Republic of Kazakhstan, the organizations performing microfinancial activities, persons to whom the right (requirement) for the agreement on provision of the microcredit is yielded in the agreements on provision of the microcredit signed with clients, and is equal limiting exceeding of the size of annual effective rate of the remuneration determined by regulatory legal act of authorized body by regulation, control and supervision of the financial market and the financial organizations -";

word part six in paragraph one "the microfinancial organizations" shall be replaced with words "the organizations performing microfinancial activities";

word part seven in paragraph one "the microfinancial organization" shall be replaced with words "the organization performing microfinancial activities";

state the note in the following edition:

"Notes.

1. Responsibility for making of the offense provided by part of 3-1 this Article comes in cases of 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.

2. For the purposes of parts five and the seventh this Article persons to whom the right (requirement) for the agreement on provision of the microcredit is yielded, are understood as bank of the second level, the collection agency, the organization performing microfinancial activities, 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, the legal entity - the pawnbroker of rights to claim under the agreement on provision of the microcredit in case of release by the organization performing microfinancial activities, secured bonds or receipt of loans.";

5) in Article 211-1:

third to state part in the following edition:

"3. Untimely provision by the collection agency in authorized body on regulation, control and supervision of the financial market and the financial organizations of information required according to the legislation of the Republic of Kazakhstan on collection activities

attracts the prevention.";

add with parts 3-1, 3-2 and 3-3 of the following content:

"3-1. The action 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 fifty, on subjects of medium business - in the amount of seventy five, on subjects of big business - in the amount of hundred monthly settlement indicators.

3-2. Failure to provide by the collection agency in authorized body on regulation, control and supervision of the financial market and the financial organizations of information required according to the legislation of the Republic of Kazakhstan on collection activities

attracts penalty on small business entities in the amount of hundred, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

3-3. Provision in authorized body on regulation, control and supervision of the financial market and the financial organizations by the collection agency of information which is not containing data which submission is required according to the legislation of the Republic of Kazakhstan on collection activities, or provision of unreliable information or obviously false information

attracts penalty on small business entities in the amount of hundred, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.";

in paragraph one of part four of the word "in National Bank of the Republic of Kazakhstan" to exclude;

6) in Article 211-2:

in paragraph one of part one and paragraph one of part two of the word "the microfinancial organizations" shall be replaced with words "microfinancial activities";

in Item 2 of notes of the word "microfinancial organization" shall be replaced with words "the organization performing microfinancial activities";

7) in Article 212:

in heading of the word "and other" shall be replaced with words "or other";

the paragraph one of part one to state in the following edition:

"1. Violation by the financial organizations, the organization guaranteeing implementation of insurance payments, the organizations performing microfinancial activities, the collection agencies, credit bureaus and payment institutes of the National Bank of the Republic of Kazakhstan of term of submission of financial or other reporting provided by regulatory legal acts -";

part two in paragraph one to replace the word "Action" with the word "Act";

third to exclude part;

in the note the word "untimely" shall be replaced with words "violations of the National Bank of the Republic of Kazakhstan of term provided by regulatory legal acts";

8) in Article 213:

word part four in paragraph one "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

part five in paragraph one to exclude the word of "standard rates";

word part twelve in paragraph one of "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

to state Item 1 of notes in the following edition:

"1. For the purposes of part eight of this Article the administrative responsibility comes 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 banking activities, prudential standard rates and (or) other regulations, obligatory to observance, and the limits set by authorized body on regulation, control and supervision of the financial market and the financial organizations.";

9) in the paragraph the second part five of Article 214 of the word "microfinancial organizations" shall be replaced with words "the organizations performing microfinancial activities";

Article 215 to exclude 10);

11) in Article 220:

the paragraph one of part one to state in the following edition:

"1. Violation by banks, the organizations performing separate types of the banking activities, completion dates of instruction for payment and (or) money transfer or refusal performed by instruction for payment and (or) money transfer established by the Law of the Republic of Kazakhstan "About payments and payment systems" -";

to state Item 2 of notes in the following edition:

"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 authorized body on regulation, control and supervision of the financial market and the financial organizations and (or) for which for date in which instruction for payment and (or) money transfer according to the terms established by the Law of the Republic of Kazakhstan "About payments and payment systems" was subject to execution were available on the correspondent account opened in National Bank of the Republic of Kazakhstan, the unexecuted requirements or restrictions of the order with money interfering carrying out account transactions are not subject to administrative prosecution.";

Shall be replaced with words 12) in heading and paragraph one of Article 223 of the word of "National Bank of the Republic of Kazakhstan" "authorized body on regulation, control and supervision of the financial market and the financial organizations";

In paragraph one of part three of Article 224 of the word of "National Bank of the Republic of Kazakhstan" shall be replaced with words 13) "authorized body on regulation, control and supervision of the financial market and the financial organizations";

14) in Article 226:

word part one in paragraph one "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

word part two in paragraph one to "National Bank of the Republic of Kazakhstan" shall be replaced with words to "authorized body on regulation, control and supervision of the financial market and the financial organizations";

15) in Article 227:

in paragraph one of part one and paragraph one of part two of the word "National Bank of the Republic of Kazakhstan" to exclude;

part three in paragraph one:

"the microfinancial organizations, operators of payment systems" shall be replaced with words words "the organizations performing microfinancial activities, operators of payment systems, the operational centers of payment systems";

"National Bank of the Republic of Kazakhstan" to exclude words;

word part four in paragraph one "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

word part five in paragraph one "National Bank of the Republic of Kazakhstan" to exclude;

state the note in the following edition:

"Note. For the purposes of part three of this Article operators of payment systems, the operational centers of payment systems and payment service providers are understood as operators of payment systems, the operational centers of payment systems and payment service providers which are not banks, branches of banks - nonresidents of the Republic of Kazakhstan and the organizations performing separate types of banking activities.";

16) in Article 228:

in paragraph one of part five and paragraph one of part twelve of the word "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

state the note in the following edition:

"Note. For the purposes of part twelve of this Article the administrative responsibility comes 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 prudential standard rates and (or) other regulations, obligatory to observance, and the limits set by authorized body on regulation, control and supervision of the financial market and the financial organizations is revealed.";

Shall be replaced with words 17) in heading and paragraph one of Article 232 of the word of "National Bank of the Republic of Kazakhstan" "authorized body on regulation, control and supervision of the financial market and the financial organizations";

18) in Article 239:

in word heading "legal entity" to exclude;

the third and fourth to state parts in the following edition:

"3. Carrying out transactions without the corresponding reflection of their results in financial accounting by the financial organizations, branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - nonresidents of the Republic of Kazakhstan, the organizations performing microfinancial activities

attracts penalty in the amount of twenty percent from the amount which was not considered, but at least hundred and no more than four thousand monthly settlement indicators.

4. Conducting financial accounting by the financial organizations, the organizations performing microfinancial activities, branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - nonresidents of the Republic of Kazakhstan in defiance of the requirements established by the legislation of the Republic of Kazakhstan on financial accounting and the financial reporting, and methods (principles) of financial accounting, led to misstatement of the financial reporting of the financial organizations, the organizations performing microfinancial activities and the reporting of branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - nonresidents of the Republic of Kazakhstan according to accounting data,

attracts penalty at the rate to five percent from the amount which was considered in an inadequate way, but at least hundred and no more than four thousand monthly settlement indicators.";

to add the note after the word of "reporting" with words ", the reporting under accounting data";

19) in Article 247:

word part four in paragraph one to "National Bank of the Republic of Kazakhstan" shall be replaced with words to "authorized body on regulation, control and supervision of the financial market and the financial organizations";

in paragraph one of part eight of the word "National Bank of the Republic of Kazakhstan" shall be replaced with words "authorized body on regulation, control and supervision of the financial market and the financial organizations";

20) in Article 252:

in paragraph one of part one of the word "violation of procedure for purchase and (or) sale of foreign currency in the Republic of Kazakhstan" to exclude;

add with part of 1-1 following content:

"1-1. Violation of the procedure for purchase and (or) sale of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan established by regulatory legal act of National Bank of the Republic of Kazakhstan

attracts the prevention.";

word part two in paragraph one "part one" shall be replaced with words "parts one and 1-1";

Part one of Article 724 to state 21) in the following edition:

"1. The National Bank of the Republic of Kazakhstan considers cases on the administrative offenses provided by Articles 206, of 210, 210-1, 212, 213 (part five), 217, of 218, 220 (parts seven and the eighth (concerning payment institutes), 227 (parts one (concerning the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values) and third (concerning operators of payment systems, the operational centers of payment systems and payment service providers), 239 (parts three and the fourth (concerning the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency), 243, 244, 252 (parts one and 1-1), 253, 464 (part one), 497 (regarding primary statistical data which collection is included into its competence) of this Code.";

To add 22) with Article 724-1 of the following content:

"Article 724-1. Authorized body on regulation, control and supervision of the financial market and the financial organizations

1. The authorized body on regulation, control and supervision of the financial market and the financial organizations considers cases on the administrative offenses provided by Articles 91 (parts one, the second, third, the fifth, the ninth, the tenth, eleventh and twelfth), 186, 208, 211 (parts two, third, 3-1, of the fourth, the fifth, sixth and seventh), 211-1, 211-2, 213 (parts four, the sixth, the seventh, the eighth, the ninth, the tenth, the eleventh, the twelfth, thirteenth and fourteenth), 220 (parts one, the second, third, fourth, 4-1, of the fifth, seventh and eighth (concerning banks, branches of banks - the nonresidents of the Republic of Kazakhstan and the organizations performing separate types of banking activities), 222, 223, 224, 225, 226, 227 (parts one (concerning banks, branches of banks - nonresidents of the Republic of Kazakhstan, large members of banks, bank holdings, the organizations, being part of banking conglomerate, Development bank of Kazakhstan, the organizations performing separate types of banking activities (except for the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values), second, third (concerning issuers, the single accumulation pension fund, the Voluntary accumulation pension funds, the organizations performing microfinancial activities), the fourth and fifth), 228 (parts five, the ninth, the tenth, the twelfth, the sixteenth, seventeenth and nineteenth), 229, 230 (parts one, third, the fourth, fifth and sixth), 231, 232, 239 (parts three and the fourth (concerning the financial organizations (except for legal entities, performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency, and legal entities whose exclusive activities is collection of banknotes, coins and values), branches of banks - the nonresidents of the Republic of Kazakhstan and the organizations performing microfinancial activities), 247 (parts four and the eighth), 255, 256, 257, 259, 260, 261, 262, 264, 265, 286, 464 (part one) of this Code.

2. Consider cases on administrative offenses and impose administrative punishments the first head of authorized body on regulation, control and supervision of the financial market and the financial organizations, his deputies and authorized workers has the right.

3. Powers of authorized body are determined by regulation, control and supervision of the financial market and the financial organizations, and also his workers having the right to creation of the protocol on making of administrative offense according to this Code.";

23) in Article 804:

in part two of the word "86 (part four), 185, 211 (part one), 214 (parts one, the second, third and fourth), 245," shall be replaced with words "214 (parts one, the second, third and fourth (concerning the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values, payment institutes),";

add with part of 2-1 following content:

"2-1. On cases on the administrative offenses considered by courts, protocols on administrative offenses have also the right to constitute authorized employees of authorized body on regulation, control and supervision of the financial market and the financial organizations (Article 185, 211 (part one), 214 (parts one, the second, third and fourth (concerning the National operator of mail, the organizations performing microfinancial activities and the financial organizations (except for the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values, payment institutes), 245, 462, 463, 464 (part two).";

The subitem 6) to state 24) to part two of Article 810 in the following edition:

"6) making of administrative offenses, cases on which are considered by National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and the financial organizations, and also in case of creation by authorized employees of National Bank of the Republic of Kazakhstan and authorized body on regulation, control and supervision of the financial market and the financial organizations of protocols on administrative offenses for Articles specified in parts two and 2-1 Articles 804 of this Code.".

6. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-II, 20-III, Art. 112; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 55; No. 8-I, Art. 62, 65; No. 8-II, Art. 72; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 124, 126; 2017, No. 9, Art. 21; No. 14, Art. 50, 51; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 11, Art. 37; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45):

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