RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2019 No. 214

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

According to the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of December 23, 1995 "About mortgage of real estate", of December 18, 2000 "About insurance activity", of July 2, 2003 "About the security market", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of March 19, 2010 "About the state statistics", of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" and of April 9, 2016 "About mail" 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 prudential regulation to which changes and additions, according to appendix to this resolution are made.

2. To provide to department of methodology and regulation of the financial organizations in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and Item 3 of this resolution.

3. To department of external communications - the press service of National Bank to 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 Smolyakov O. A.

5. This resolution becomes effective since January 1, 2020 and is subject to official publication.

It is approved Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan "___" ____________ 2019

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 214

The list of regulatory legal acts of the Republic of Kazakhstan concerning prudential regulation 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 March 29, 2010 No. 41 "About approval of Rules and method of calculation of values of prudential standard rates for the organizer of the biddings" (it is registered in the Register of state registration of regulatory legal acts at No. 6207) the following changes:

change in state language is made to heading, the text in Russian does not change;

change in state language is made to Item 1, the text in Russian does not change;

in Rules and method of calculation of values of prudential standard rates for the organizer of the biddings approved by the specified resolution:

change in state language is made to heading, the text in Russian does not change;

2) of Item 6 to state subitem part one in the following edition:

"2) the KR - the credit risk calculated as the amount of assets, contingent and possible obligations, the derivative financial instruments weighed on degree of credit risk according to the Table of assets of the organizer of the biddings weighed on degree of credit risk of investments according to appendix 1 (further - appendix 1) to these rules, the Table of contingent and possible obligations of the organizer of the biddings weighed on degree of credit risk according to appendix 2 (further - appendix 2) to these rules the Table of the derivative financial instruments weighed taking into account credit risk according to appendix 3 (further - appendix 3) to these rules.";

state Item 7 in the following edition:

"7. Coefficient of current liquidity of the organizer of the biddings - K2 constitutes at least 0,015.

The organizer of the biddings makes calculations of value of coefficient of K2 monthly as of the end of the last working day of month under report according to the Table of coefficient of current liquidity K2 according to appendix 4 (further - appendix 4) to these rules.";

exclude Chapter 5;

To state the table of assets of the organizer of the biddings weighed on degree of credit risk of investments according to appendix 1 in edition according to appendix 1 to this List of regulatory legal acts of the Republic of Kazakhstan concerning prudential regulation to which changes and additions are made (further - the List);

The table of contingent and possible obligations of the organizer of the biddings weighed on degree of credit risk according to appendix 2 to state in edition according to appendix 2 to the List;

To state disaggregation of the derivative financial instruments weighed taking into account credit risk according to appendix 3 in edition according to appendix 3 to the List;

To state disaggregation of coefficient of current liquidity of K2 according to appendix 4 in edition according to appendix 4 to the List.

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2013 No. 236 "About approval of the List of prudential standard rates, their normative values and techniques of calculations for the Voluntary accumulation pension funds, and also forms and terms of submission of the reporting" (it is registered in the Register of state registration of regulatory legal acts at No. 8794, it is published on November 7, 2013 in the Yuridicheskaya Gazeta newspaper No. 167 (2542) the following changes:

state heading in the following edition:

"About approval of the List of prudential standard rates, their normative values and techniques of calculations for the Voluntary accumulation pension funds";

state Item 1 in the following edition:

"1. Approve the enclosed Lists of prudential standard rates, their normative values and technique of calculations for the Voluntary accumulation pension funds.";

in the List of prudential standard rates, their normative values and technique of calculations for the Voluntary accumulation pension funds, and also the forms and terms of submission of the reporting approved by the specified resolution:

state heading in the following edition:

"List of prudential standard rates, their normative values and technique of calculations for the Voluntary accumulation pension funds";

speak rapidly the first and second preambles to state in the following edition:

"This List of prudential standard rates, their normative values and technique of calculations (further - the List) are developed for the Voluntary accumulation pension funds according to Item 7 of article 41 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" (further - the Law on provision of pensions) and establish prudential standard rates, their normative values, technique of calculations for the Voluntary accumulation pension funds (further - Fund) which are attracting voluntary pension contributions and not exercising control of pension assets of the single accumulation pension fund.

Calculation for other prudential standard rates which are not specified in the List for the organizations combining types of professional activity in the security market is established by the resolution of Board of National Bank of the Republic of Kazakhstan of April 27, 2018 No. 80 "About establishment of types of prudential standard rates, and also the indicators characterizing respect for their values, for the organizations performing broker and (or) dealer activities in the security market, approval of Rules of calculation of values of the prudential standard rates which are subject to observance by the organizations performing broker and (or) dealer activities in the security market", registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 17005.";

and 5 to state items 4 in the following edition:

"4. Coefficient of sufficiency of equity of Fund (To 1) it is calculated by formula:

K1 = (LA - About) / IDGC, where:

LA - the quick and other assets of Fund specified in Items 5 and 7 of the List;

About - obligations on balance;

IDGC - the minimum size of equity of Fund in the amount of 259 200 000 (two hundred fifty nine million two hundred thousand) tenges.

If the cost of the pension assets accepted in investment management constitutes more than 40 (forty) billion tenges, then the minimum size of equity of Fund is calculated by formula:

IDGC = (APU - 40 (forty) billion tenges) * 0,0001 + 259 200 000 (two hundred fifty nine million two hundred thousand) tenges, where:

APU - the pension assets accepted in investment management.

Value of coefficient of sufficiency of equity of Fund is daily constituted by at least 1 (one).

Fund each working day as of the end of the prior working day, and also for the end of each of the days off which were directly preceding the present working day makes calculation of value of coefficient of K1.

5. As quick assets of Fund the assets specified in the Table of quick assets of the Voluntary accumulation pension funds according to appendix 1 to the List are recognized the corresponding amounts.";

exclude Chapter 4;

To state calculation of value of coefficient of K1 for form according to appendix 1 in edition according to appendix 5 to the List;

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 304 "About establishment of normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, the list, forms, obligatory to observance, terms of submission of the reporting on accomplishment of prudential standard rates by the insurance (reinsurance) organizations and insurance groups, Rules of submission of the reporting on accomplishment of prudential standard rates by the insurance (reinsurance) organizations and insurance groups, requirements to the shares acquired by the insurance (reinsurance) organizations, the affiliated organizations of the insurance (reinsurance) organizations or insurance holdings (to shares in the authorized capital) legal entities, the list of bonds of the international financial institutions acquired by insurance holdings, the minimum required rating for bonds acquired by insurance holdings, and the list of rating agencies, and also the list of the financial instruments (except for shares and shares in the authorized capital) acquired by the insurance (reinsurance) organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 14794, it is published on February 24, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

state heading in the following edition:

"About establishment of normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, requirements, obligatory to observance, to the shares acquired by the insurance (reinsurance) organizations, the affiliated organizations of the insurance (reinsurance) organizations or insurance holdings (to shares in the authorized capital) legal entities, the list of bonds of the international financial institutions acquired by insurance holdings, the minimum required rating for the bonds acquired by insurance holdings and the list of rating agencies, and also the list of the financial instruments (except for shares and shares in the authorized capital) acquired by the insurance (reinsurance) organizations";

1) of Item 1 to state the subitem in the following edition:

"1) normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, obligatory to observance (further - Standard rates) according to appendix 1 to this resolution;";

2) and 3) of Item 1 to exclude subitems;

in the Normative values and technique of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, obligatory to observance, approved by the specified resolution:

state heading in the following edition:

"Normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, obligatory to observance";

state Item 1 in the following edition:

"1. These Normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, obligatory to observance (further - Standard rates) are developed according to the laws of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further - the Law), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and establish normative values and techniques of calculations of prudential standard rates of the insurance (reinsurance) organization and insurance group and other regulations and limits, obligatory to observance.";

state Item 9 in the following edition:

"9. The minimum size of margin of solvency of the insurance (reinsurance) organization increases by the amount of the obligations transferred (transferred) to reinsurance to the insurance (reinsurance) organizations - residents and nonresidents of the Republic of Kazakhstan according to current agreements of reinsurance, depending on rating assessment of the overcautious person or value of the standard rate of sufficiency of margin of solvency of the reinsurance resident organization of the Republic of Kazakhstan on the previous reporting date according to the sum of increase in the minimum size of margin of solvency calculated for the Table of increase in the minimum size of margin of solvency according to appendix 3 to Standard rates.";

the fourth the subitem 1) of Item 34 to state the paragraph in the following edition:

"money on current accounts in the banks of the second level of the Republic of Kazakhstan conforming to requirements of the subitem 5) of Item 38 of Standard rates - in the amounts specified in Calculation of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to the Table of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix 4 to Standard rates;";

subitems 2), of Item 34 to state 3), 4) and 5) in the following edition:

"2) the deposits placed in the banks of the second level of the Republic of Kazakhstan conforming to requirements of the subitem 5) of Item 38 of Standard rates - in the amounts specified in the Table of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix 4 to Standard rates;

3) the deposits placed in the international financial institutions conforming to requirements of the subitem 6) of Item 38 of Standard rates - in the amounts specified in the Table of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix 4 to Standard rates;

4) the deposits placed in the nonresident banks conforming to requirements of the subitem 7) of Item 38 of Standard rates - in the amounts specified in the Table of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix 4 to Standard rates;

5) the financial instruments specified in subitems 8), 9), 10), 11), 12), 13), 14), 15), 16), 17), 18), 19), 20), 21), 22), 23), 24), 25), 26) and 27) Item 38 of Standard rates - in the amounts specified in the Table of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix 4 to Standard rates;";

third of Item 38 to state part in the following edition:

"The financial instruments specified in this Item turn on in calculation of highly liquid assets in the amounts specified in the Table of highly liquid assets of the insurance (reinsurance) organization according to appendix 5 to Standard rates.";

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

"1) the assets which are providing according to obligations of the insurance (reinsurance) organization and (or) on which the property right of the insurance (reinsurance) organization is limited (except for repo operations).

The securities which are subject of transaction of the return repo join in calculation of insurance value (reinsurance) organization taking into account their classification by quality and liquidity in the amounts specified in the Table of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix 4 to Standard rates.

The securities which are subject of transaction of the return repo join in calculation of highly liquid assets of the insurance (reinsurance) organization in the amounts specified in the Table of highly liquid assets of the insurance (reinsurance) organization according to appendix 5 to Standard rates;";

add with appendix 3 in edition according to appendix 6 to the List;

add with appendix 4 in edition according to appendix 7 to the List;

add with appendix 5 in edition according to appendix 8 to the List.

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 307 "About establishment of the prudential standard rate for the National operator of mail, and also form, term of submission of the reporting on its accomplishment" (it is registered in the Register of state registration of regulatory legal acts at No. 14786, it is published on February 28, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

state heading in the following edition:

"About establishment of prudential standard rates for the National operator of mail";

1, 2 and 3 to state Items in the following edition:

"1. Establish the following prudential standard rates for the National operator of mail:

1) coefficient of sufficiency of own means which value for the end of month under report makes at least 0,12.

The coefficient of sufficiency of own means is calculated as the relation of equity of the National operator of mail to the amount of its assets;

2) liquidity rate which value for the end of month under report makes at least 0,30.

The liquidity rate is calculated as the relation of the size of highly liquid assets to the size of obligations poste restante.

2. The equity of the National operator of mail is calculated as the amount:

the paid authorized capital (within the amounts paid with money);

supplementary capital;

retained net income of last years (including the funds, reserves created at the expense of retained net income);

excesses of the income of the current year over expenses of the current year;

behind minus:

intangible assets;

losses of last years;

excesses of expenses of the current year over the income of the current year;

participations in the authorized capital of other legal entities.

3. Join in calculation of highly liquid assets:

1) money, including:

money in cash desk, no more than 10 (ten) percent from the amount of assets on balance of the National operator of mail;

money on current accounts in banks of the second level of the Republic of Kazakhstan;

money on accounts in the central depositary;

the money of the National operator of mail which is fees in guarantee or reserve funds of the clearing organization (the central partner), mid-flight fees, complete and (or) partial ensuring obligation fulfillment according to the bargains concluded in trade system of stock exchange by method of open tenderings and (or) with participation of the central partner;

money on current accounts in the nonresident banks of the Republic of Kazakhstan having long-term credit rating is not lower than category "VVV-" on the international scale of the Standard & Poor agency "s or rating of similar level of Moody rating agencies" of s Investors Service, Fitch or their affiliated rating organizations (further - other rating agencies);

money on accounts in the nonresident organizations of the Republic of Kazakhstan performing functions, stipulated in Item 1 article 59 of the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market", having long-term credit rating is not lower than "VVV" on the international scale of the Standard & Poor agency "s or the rating of similar level of one of other rating agencies;

2) government securities of the Republic of Kazakhstan, including emitted according to the legislation of other states, issued by the Ministry of Finance of the Republic of Kazakhstan and National Bank of the Republic of Kazakhstan;

3) on-demand deposits in National Bank of the Republic of Kazakhstan, in banks of the second level of the Republic of Kazakhstan;

4) is not lower than the share of legal entities of the Republic of Kazakhstan and the foreign issuers having rating assessment "In" on the international scale of the Standard & Poor agency "s or the rating of similar level of one of other rating agencies, or the rating is not lower than "kzB" on national scale of Standard & Poor" s, or the rating of similar level on national scale of one of other rating agencies, and depositary receipts which underlying asset are these shares, less reserves on possible losses;

5) the non-state debt securities of legal entities of the Republic of Kazakhstan issued according to the legislation of the Republic of Kazakhstan and other states, having (which issuer has) rating assessment not lower "In" on the international scale of the Standard & Poor agency "s or the rating of similar level of one of other rating agencies, or rating is not lower than "kzBB" on national scale of Standard & Poor" s (taking into account the amounts of principal debt and the added remuneration), less reserves on possible losses;

6) debt securities of the foreign states having sovereign rating is not lower than "VVV-" on the international scale of the Standard & Poor agency "s or rating assessment of similar level of one of other rating agencies (taking into account the amounts of principal debt and the added remuneration), less reserves on possible losses;

7) the non-state debt securities of foreign issuers having (which issuer has) rating assessment not below "VVV-" on the international scale of the Standard & Poor agency "s or the rating of similar level of one of other rating agencies (taking into account the amounts of principal debt and the added remuneration), less reserves on possible losses;

8) shares of the foreign issuers having rating assessment not below "VVV-" on the international scale of the Standard & Poor agency "s or the rating of similar level of one of other rating agencies, and depositary receipts which underlying asset are these shares, less reserves on possible losses;

9) shares of Exchange Traded Funds (ETF) which structure of assets repeats structure of one of the main stock indexes or pricing on shares of which is tied to the main stock indexes;

10) shares of Exchange Traded Funds (ETF), Exchange Traded Commodities (ETC), Exchange Traded Notes (ETN) having rating assessment not below "3 stars" of Morningstar rating agency;

11) the affined precious metals and metal deposits;

12) instruments of Islamic financing with rating security valuation and (or) the issuer not below "B" on the international scale of the Standard & Poor agency "s or rating assessment of similar level of one of other rating agencies;

13) instruments of Islamic financing of Islamic bank in case of observance of the following conditions:

availability at the organization, being the large shareholder of Islamic bank, rating assessment not below "BB+" on the international scale of the Standard & Poor agency "s or rating assessment of similar level of one of other rating agencies;

fulfillment of requirements on observance of the prudential standard rates established for Islamic bank according to the bank law of the Republic of Kazakhstan.

The securities specified in this Item do not join in calculation of highly liquid assets in cases:

security sales of mail by the National operator on the terms of their return redemption or transfer to pledge, or encumbrances otherwise according to the legislation of the Republic of Kazakhstan;

security purchases of mail by the National operator in the market of automatic "repo" on the terms of their return sale;

if these securities are issued by the legal entities who are affiliates in relation to the National operator of mail.";

exclude Items 6 and 7.

5. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 309 "About establishment of normative values and techniques of calculations of prudential standard rates and other regulations, obligatory to observance, and limits of the size of the capital of banking conglomerate for certain date, the list, forms, terms of submission of the reporting on accomplishment of prudential standard rates by banking conglomerate, and also Rules of submission of the reporting on accomplishment of prudential standard rates by banking conglomerate" (it is registered in the Register of state registration of regulatory legal acts at No. 14790, it is published on February 23, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

state heading in the following edition:

"About establishment of normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of banking conglomerate";

state Item 1 in the following edition:

"1. Establish normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of banking conglomerate according to appendix 1 to this resolution.";

exclude Item 2;

in Normative values and technique of calculations of prudential standard rates and other regulations, obligatory to observance, and the limits of the size of the capital of banking conglomerate for certain date approved by the specified resolution:

state heading in the following edition:

"Normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, size of the capital of banking conglomerate";

state Item 1 in the following edition:

"1. Normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of banking conglomerate (further - Standard rates) are developed according to the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and establish normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of banking conglomerate.";

to state part one of Item 2 in the following edition:

"2. In structure of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of banking conglomerate for obligatory observance by banking conglomerate enter:";

3) of Item 3 to state the subitem in the following edition:

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