Resolution of Board of National Bank of the Republic of Kazakhstan "About approval of the Procedure for the conclusion of the agreement of bank loan, including requirements to content, registration, compulsory provisions of the agreement of bank loan, schedule forms..."

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2019 No. 248

About approval of the Procedure for the conclusion of the agreement of bank loan, including requirements to content, registration, compulsory provisions of the agreement of bank loan, forms of the repayment schedule of loan and the instruction sheet for the borrower - physical person

(as amended on 09-09-2025)

According to Item 2 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve:

1) the Procedure for the conclusion of the agreement of bank loan according to appendix 1 to this resolution;

2) Requirements to content, registration, compulsory provisions of the agreement of bank loan according to appendix 2 to this resolution;

3) the Form of the repayment schedule of loan according to appendix 3 to this resolution;

4) instruction sheet Form for the borrower – physical person according to appendix 4 to this resolution.

2. Recognize invalid some regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix 2 to this resolution.

3. To provide to department of consumer protection of financial services 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 official publication of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item and item 4 of this resolution.

4. 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.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

6. This resolution becomes effective since January 1, 2020 and is subject to official publication, except for appendices 1 and 2 to the Procedure which become effective since April 1, 2020. Appendix 3 to the Procedure is effective till April 1, 2020.

7. Suspend till April 1, 2020:

1) action of paragraph two of Item 9 of the Procedure, having determined that during suspension this paragraph is effective in the following edition:

"To the agreement signed with the borrower - the physical person, attaches the instruction sheet for the borrower - physical person under the agreement of bank loan in form according to appendix 3 to the Procedure.";

2) action of Item 10 of the Procedure, having determined that during suspension this Item is effective in the following edition:

"10. The repayment schedule of loan signed by its parties in which are specified is attached to the agreement:

number and date of the conclusion of the agreement;

amount and loan currency;

repayment dates and the amount of the next payments with indication of repayment sums of principal debt, remuneration and their total value;

remaining balance of principal debt for date of the following repayment;

the total total sums of principal debt and remuneration which are subject to payment and their total value;

date of scheduling of repayment of loan.

Under the contract with floating rate of remuneration the repayment schedule of loan is constituted for date of its issue, and in subsequent the amount of the next payments is adjusted and brought to the attention of the borrower (co-borrower) according to the procedure, established by the agreement.

If borrower (co-borrower) is the physical person, the repayment schedule of loan constituted on date of issue of loan also contains list of the methods of repayment of loan offered by bank with mark of the borrower (co-borrower) about the chosen method.

In case of change of the terms of loan attracting change of the amount (size) of monetary commitments of the borrower and (or) term of their payment, the bank constitutes and issued to the borrower new the repayment schedule of loan and the instruction sheet for the borrower - physical person under the agreement of bank loan taking into account new conditions.

By provision of the next part of loan within credit line based on the statement of the borrower, the repayment schedule of loan and the instruction sheet for the borrower - physical person under the agreement of bank loan are provided to the borrower.

Requirements of Item 9 and this Item of the Procedure do not extend to the agreement, loan term under the terms of which constitutes no more than one month, the agreement under the terms of which the credit the overdraft, and also the agreement on provision (opening) of credit line is issued.";

Action of the paragraph of third Item 12 of the Procedure having determined 3) that during suspension this paragraph is effective in the following edition:

"In case of the conclusion of the agreement on the terms of accession according to article 389 of the Code, the part of the agreement (statement of accession) containing signatures of bank and the borrower conforms to requirements of parts one and third Procedure Item 11, and contains the conditions provided in subitems 1), 2), 3), 4), 5), 6), 8), 10), 11), 12), 13) and 15) of Procedure Item 3 starting with the first page of part of the agreement (statement of accession) in the specified sequence.".

Chairman of National Bank

E.Dosayev

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 23, 2019 No. 248

Procedure for the conclusion of the agreement of bank loan

1. This Procedure for the conclusion of the agreement of bank loan (further - the Procedure) is developed according to Item 2 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and determines procedure for the conclusion of the agreement of bank loan (further - the agreement) banks of the second level, including Islamic bank when carrying out the banking activity provided by the subitem 3) of Item 1 of article 52-5 of the Law on banks, the Development Bank of Kazakhstan joint-stock company, branches of nonresident bank of the Republic of Kazakhstan, branches of Islamic nonresident bank of the Republic of Kazakhstan, the organizations which are performing separate types of banking activities, having the license for implementation of banking loan activities (further - bank).

2. For the purposes of the Procedure the following concepts are used:

1) credit line - the obligation of bank to credit the borrower on the conditions allowing the borrower most to determine time of receipt of bank loan, but within the amount and time determined by rules about domestic credit policy of bank for such form of crediting and the agreement on provision (opening) of credit line;

2) the agreement on provision (opening) of credit line - the agreement of bank loan signed on the conditions allowing the borrower most to determine in the agreement (agreements) or the statement (statements), being (being) integral (integral) part (parts) of the agreement on provision (opening) of credit line, or by use of payment card, the amount and time of receipt of loan.

3. The bank to the conclusion of the agreement performs the actions provided by the resolution of Board of National Bank of the Republic of Kazakhstan of July 28, 2017 No. 136 "About approval of Rules of provision of banking services, disclosures of information and consideration by banks, the organizations performing separate types of banking activities, the addresses of the clients arising in the course of provision of banking services" (it is registered in the Register of state registration of regulatory legal acts at No. 15541).

The list of necessary documents for the conclusion of the agreement is established by internal documents of bank.

4. Before decision making about provision of bank loan to physical person the bank performs verification of information containing in the credit report or information system of authorized state body (further - IS), regarding availability of the following data:

1) about establishment by physical person of voluntary refusal of receipt of bank loan;

2) about appeal of physical person on conscription military service;

3) about the bank loans and (or) the microcredits which are earlier obtained by physical person;

4) about the registered scrap (matrimony) of physical person.

5. In case of availability in the credit report of physical person of information specified in the subitem 1) of the Procedure item 4, the bank refuses provision of bank loan except for of the following cases of transfer of the amount of consumer bank loan:

on the bank account of the seller (supplier) of goods, works and services for the purposes of purchase of goods, works and services receipt of which is confirmed by the borrower (buyer);

on the debt repayment purpose on the bank loan of the borrower obtained in the same bank;

within the set credit limit on payment card in the amount of, not exceeding hundred-fiftyfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

In case of availability in the credit report of physical person of information specified in the subitem 2) of the Procedure item 4, the bank refuses provision of bank loan.

6. The bank refuses to physical person the conclusion of the agreement of the consumer bank loan which is not provided with pledge of property without its personal presence at bank, including at branches in the presence of in total following cases:

1) in the credit report of physical person there is no information about the bank loans and (or) the microcredits which are earlier obtained by it;

2) the amount specified in the statement for the conclusion of the agreement of consumer bank loan exceeds the stopyatidesyatkratny size of monthly settlement indicator established for the corresponding financial year by the law on the republican budget.

The requirement provided by part one of this Item does not extend to cases of the conclusion of the agreement of the consumer bank loan which is not provided with pledge of property if loan is issued on the purpose of purchase of goods, works and services which receipt is confirmed by the borrower (buyer) and the loan amount is transferred to the bank account of the seller (supplier) of goods, works and services.

7. In case of availability in IS of information on the registered scrap (matrimony) of physical person, bank according to the procedure determined by the resolution of Board of the Agency of the Republic of Kazakhstan by regulation and development of the financial market of August 16, 2024 No. 55 "About approval of Rules of receipt of consent of the spouse (spouse) to provision of the consumer bank loan or the microcredit which is not provided with the pledge of property which is subject to registration, physical person, the minimum size of consumer bank loan or the microcredit on which the physical person needs the consent of the spouse (spouse) to provision of consumer bank loan or the microcredit" (it is registered in the Register of state registration of regulatory legal acts at No. 34946), receives the consent of the spouse (spouse) to provision of consumer bank loan to physical person.

8. To the conclusion with physical person of the agreement of the consumer bank loan which is not provided with pledge of property, the bank realizes the actions for counteraction to fraud provided by the resolution of Board of National Bank of the Republic of Kazakhstan of November 12, 2019 No. 188 "About approval of Rules of forming of risk management system and internal control for banks of the second level, branches of nonresident banks of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 19632) (further - the Resolution No. 188).

9. The bank signs the agreement of the consumer bank loan which is not provided with pledge of property with the physical person which did not reach twenty one years or is more senior than fifty five years, only after provision by this physical person of consent to its conclusion which is drawn up according to Procedure Item 11.

The requirement provided by part one of this Item also extends to cases of issue of the consumer bank loan which is not provided with pledge of property within the agreement on provision (opening) of credit line.

The requirement provided by parts one and the second this Item does not extend to cases of transfer of the amount of the consumer bank loan which is not provided with pledge of property:

on the bank account of the seller (supplier) of goods, works and services for the purposes of purchase of goods, works and services which receipt is confirmed by the borrower (buyer);

on the bank account of bank for the debt repayment purposes on the bank loan of the borrower obtained in the same bank, the organization performing separate types of banking activities;

10. The bank transfers money to the borrower physical person on the consumer bank loan which is not provided with pledge of property based on the agreement of the bank loan signed by means of the Internet which size constitutes the two hundred-fifty-fivefold and more monthly settlement indicator established for the corresponding financial year by the law on the republican budget with observance of the following requirements:

1) not earlier than in twenty four hours from the moment of agreement signature or increase in the amount of bank loan;

2) after provision by the borrower physical person after the term specified in the subitem 1) to part one of this Item, consent to receipt of the consumer bank loan which is drawn up according to Procedure Item 11.

Within risk management system, in the presence of high fraud risk, the bank provides transfer of money to the borrower physical person on the consumer bank loan which is not provided with pledge of property based on the agreement of the bank loan signed by means of the Internet which size constitutes more hundred-fiftyfold, but not over the two hundred-fifty-fivefold monthly settlement indicator established for the corresponding financial year by the law on the republican budget not earlier than in eight hours from the moment of agreement signature or increase in the amount of bank loan and in case of observance of the requirement of the subitem 2) parts one of this Item.

In case of provision by bank to the borrower physical person within one calendar day of several consumer loans which are not provided with pledge of property based on the agreements of bank loan signed by means of the Internet which amount as a result of addition exceeds the size established by part one of this Item the bank observes the requirement provided by the subitem 1) of part one of this Item and also applies other measures according to the procedures provided by the Resolution No. 188.

The requirements provided by parts one and third this Item, also extend to issue cases by means of the Internet of the consumer bank loan which is not provided with pledge of property within the agreement on provision (opening) of credit line signed by means of the Internet.

The requirement provided by part one of this Item does not extend to cases of transfer of the amount of consumer bank loan:

on the bank account of the seller (supplier) of goods, works and services for the purposes of purchase of goods, works and services receipt of which is confirmed by the borrower (buyer);

on the bank account of bank for the debt repayment purposes on the bank loan of the borrower obtained in the same bank;

11. Consent to the conclusion of the agreement of the consumer bank loan which is not provided with pledge of property or to receipt of the consumer bank loan which is not provided with pledge of property (further - Consent) is drawn up in any form and contains the following compulsory provisions:

1) date of registration of Consent;

2) information about the physical person: surname, name, middle name (if it is specified in the identity document) and individual identification number;

3) data on the consumer bank loan which is not provided with pledge of property: the amount, term, the remuneration rate size (in annual interests or in fixed amount), the remuneration rate size in reliable, annual, effective, comparable basis.

Consent which is drawn up on paper is signed by physical person in case of its personal presence at bank, including at its branches.

In case of the conclusion of the agreement of the consumer bank loan which is not provided with pledge of property by means of the Internet, Consent is drawn up in credit bureau, on the web portal of "the electronic government" or by means of the objects of informatization of bank integrated with the services placed on lock of "the electronic government" and makes sure the digital signature provided by accredited certification center of the Republic of Kazakhstan.

Registration of Consent is made also through the objects of informatization integrated with the services placed on lock of "the electronic government the" of the legal entity rendering services to bank based on the relevant agreement.

Failure to provide (not registration) by the physical person Soglasiya during effective period of the decision of bank on provision of the consumer bank loan which is not provided with pledge of property is refusal of physical person in receipt of such bank loan by it.

Effective period of the decision of bank on provision of the consumer bank loan which is not provided with pledge of property is established according to internal documents of bank.

The bank provides storage of Consent before complete execution of agreement obligations of bank loan by physical person, including within the agreement on provision (opening) of credit line.

12. In case of the conclusion of the contract with physical person the bank according to part two of Item 2 of article 39 of the Law on banks, provides to the borrower - physical person for the choice of method of repayment of loan drafts of the repayment schedules of loan calculated by different methods. Without fail the bank represents to the borrower drafts of the repayment schedules of loan calculated according to the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 8 "About approval of Method of calculation of regular payments on the loans issued by the banks, the organizations performing separate types of banking activities and to the microcredits issued by the organizations performing microfinancial activities, physical persons and providing repayment schedule availability and also temporary bases for calculation of remuneration for such loans, (microcredits)" (it is registered in the Register of state registration of regulatory legal acts at No. 13305), the following methods of repayment:

by method of the differentiated payments in case of which debt repayment on bank loan is performed by the decreasing payments including equal payment amounts on principal debt and the remuneration added for the period on remaining balance of principal debt;

by method of annuity payments in case of which debt repayment on bank loan is performed by the equal payments throughout all term of bank loan including the increasing payments on principal debt and the decreasing payments on the remuneration added for the period on remaining balance of principal debt. The amount of the first and last payments can differ from others.

The bank offers the borrower the additional methods of repayment of loan calculated according to internal regulations in case of availability of such condition in internal regulations of bank.

The procedure provided by parts one and the second this Item do not extend to the agreement, loan term under the terms of which constitutes no more than one month, or the agreement under the terms of which the credit the overdraft, and also on the agreement on provision (opening) of credit line is issued.

13. In case of the conclusion of the contract with the physical person obtaining the loan which is not connected with implementation of business activity, the bank provides to the borrower the instruction sheet for the borrower - physical person under the agreement in form according to appendix 4 to the resolution.

The procedure provided by part one of this Item does not extend to the agreement, loan term under the terms of which constitutes no more than one month, or the agreement under the terms of which the credit the overdraft, and also on the agreement on provision (opening) of credit line is issued.

14. The agreement is signed taking into account requirements of the civil legislation of the Republic of Kazakhstan.

Appendix 2

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 23, 2019 No. 248

Requirements to content, registration, compulsory provisions of the agreement of bank loan

1. These Requirements to content, registration, compulsory provisions of the agreement of bank loan (further - Requirements) are developed according to Item 2 of article 34 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" and determine requirements to content, registration, compulsory provisions of the agreement of the bank loan (further - the agreement) concluded by banks of the second level (further - bank).

1-1. For the purposes of Requirements the following concepts are used:

2) the agreement on provision (opening) of credit line - the agreement signed on the conditions allowing the borrower most to determine in the agreement (agreements) or the statement (statements), being (being) integral (integral) part (parts) of the agreement on provision (opening) of credit line, or by use of payment card, the amount and time of receipt of loan.

1-2. The agreement contains the conditions established by the legislation of the Republic of Kazakhstan for agreements of the corresponding type, the conditions determined by agreement of the parties and also compulsory provisions according to the following list:

1) general terms of the agreement;

2) borrower's rights;

3) rights of bank;

4) obligations of bank;

5) restrictions for bank;

6) responsibility of the parties for violation of obligations;

7) procedure for modification of terms of the contract;

8) the condition providing that in case of concession bank of the right (requirement) for the agreement to the third party of the requirement and restriction, shown by the legislation of the Republic of Kazakhstan to the creditor's relations with the borrower within the agreement, extend to legal relationship of the borrower with the third party to whom the right (requirement) is yielded.

2. General terms of the agreement contain:

1) date of the conclusion of the agreement;

2) the purpose of bank loan (further – loan) corresponding to the business plan or the feasibility statement on loan and (or) the statement provided by the borrower.

The purpose of loan is not specified in the agreement, loan term under the terms of which constitutes no more than one month, the agreement under the terms of which the credit the overdraft, and also in the agreement on provision (opening) of credit line is issued.

3) amount and loan currency;

4) loan term;

5) remuneration rate type (fixed or floating), the remuneration rate size (in annual interests or in fixed amount), the remuneration rate size in reliable annual effective comparable basis according to the resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 137 "About approval of Rules of calculation of rates of remuneration in reliable, annual, effective, comparable basis (actual cost) on loans and deposits" (it is registered in the Register of state registration of regulatory legal acts at No. 7663), for date of the conclusion of the agreement.

Instruction of the size of rate of remuneration in fixed amount is allowed in the agreement, loan term under the terms of which constitutes no more than one month, in the agreement under the terms of which the credit the overdraft, and also in the agreement on provision (opening) of credit line is issued;

6) procedure of payments of floating rate of remuneration if the agreement provides floating rate of remuneration;

7) repayment method (cash, via bank transfer);

8) method of repayment of loan: annuity (with repayment by equal payments), differentiated (with repayment of principal debt equal shares) or other method according to internal regulations of bank;

9) debt repayment priority on loan;

10) procedure for calculation and the size of penalty (penalty, penalty fee) for untimely repayment of principal debt and payment of remuneration. In case of issue of loan to physical person the extreme size of penalty (penalty, penalty fee), and also procedure for its calculation, stipulated in Item 2 articles 35 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" is specified (further – the Law on banks);

11) the complete list of the commissions and other payments, and also their sizes which are subject to collection in connection with issue and servicing of loan, except as specified, when terms for crediting do not provide collection of the commissions and other payments;

12) procedure (through cash desk, on the bank account via the remote terminal and others as agreed by the parties), frequency of repayment of loan and remuneration;

13) providing (type: pledge, penalty, guarantee, the guarantee and other methods provided by the agreement), except for the loan provided without providing;

14) the measures taken by bank in case of non-execution or improper execution by the borrower of agreement obligations;

15) duration of the agreement;

16) types and terms of the reporting represented by the borrower - the legal entity to bank;

17) specifying about availability of consent of the borrower (co-borrower) to provision of information on him in credit bureaus and on provision by credit bureau to bank of the credit report on it, and also information connected with execution of the obligations by the parties;

18) information on the postal and e-mail address of bank, and also data on its official Internet resource.

3. The rights of the borrower provide opportunity:

1) the physical person who obtained the loan which is not connected with implementation of business activity on purchase of goods, works and services within fourteen calendar days from the date of the conclusion of the contract of loan repayment with payment of the remuneration added by bank from the date of provision of loan without payment of penalty and other types of penalties for loan repayment;

2) if repayment date of principal debt and (or) remuneration drops out on day off or holiday, to make payment of principal debt and (or) remuneration in the working day following it without payment of penalty and other types of penalties;

To receive 3) according to the statement in time no more than three working days gratuitously are not more often than once a month information in writing on distribution (on principal debt, remuneration, the commissions, penalties and other types of penalties, and also other subjects to payment of the amount) the arriving money on account of debt repayment under the agreement;

4) according to the statement for partial or complete early return to bank of the money submitted under the agreement gratuitously in time no more than three working days to receive in writing data on the size of the amount which is due to return with breakdown on principal debt, remuneration, the commissions, penalties and other types of penalties, and also other subjects to payment of the amount;

5) partial or complete early repayment of principal debt after six months from the date of receipt of the loan issued for a period of up to one year after one year from the date of receipt of the loan issued for the term of over one year without payment of penalty or other types of penalties;

6) within fourteen calendar days from the date of receipt of the notification on change of terms of the contract towards their improvement for the borrower to refuse the improving terms offered by bank according to the procedure, provided by the agreement;

7) in writing to address to bank in case of disputable situations on the received services;

8) physical person within thirty calendar days from the date of approach of delay to visit bank, and (or) to submit the application in writing or the method provided by the agreement, containing data on origins of delay of obligation fulfillment under the agreement, the income and other confirmed circumstances (facts) which cause its statement for modification of the terms of the contract (further – the statement) including connected with:

change towards remuneration rate decrease under the agreement;

change of currency of the amount of remaining balance of principal debt on the bank loan issued in foreign currency on national currency;

payment deferral on principal debt and (or) remuneration;

change of method of debt repayment or priority of debt repayment, including with repayment of principal debt in priority procedure;

change of term of bank loan;

forgiveness of unsettled principal debt and (or) remuneration, cancellation of penalty (penalty, penalty fee), the commissions and other payments connected with servicing of bank loan;

independent realization by the pledger of the real estate which is mortgage subject, according to the procedure, the stipulated in Article 20-1 Law of the Republic of Kazakhstan "About mortgage of real estate";

representation of compensation instead of obligation fulfillment under the agreement by transfer of mortgage property to bank;

realization of the real estate which is mortgage subject with transfer of agreement obligation on the buyer.

The agreement signed with physical person contains the borrower's right to address in writing the banking ombudsman according to the Law on banks for settlement of the disagreements which arose from the signed agreement.

4. The rights of bank provide opportunity:

1) unilaterally changes of terms of the contract towards their improvement for the borrower in cases, stipulated in Item 3 articles 34 of the Law on banks, and also established in the agreement;

2) requirements of early return of loan amount and remuneration for it in case of violation by the borrower of the term established for return of the next part of loan and (or) payment of remuneration, more than for forty calendar days.

5. Obligations of bank provide requirements:

1) to accept loan within fourteen calendar days from the date of the conclusion of the agreement at the borrower - the physical person who obtained the loan which is not connected with implementation of business activity on purchase of goods, works and services with deduction of the remuneration added from the date of provision of loan without collection of penalty or other types of penalties for return;

2) according to the statement of the borrower gratuitously is not more often than once a month to submit in time no more than three working days in writing information on distribution (on principal debt, remuneration, the commissions, penalties and other types of penalties, and also other subjects to payment of the amount) the arriving money on account of debt repayment under the agreement;

3) according to the statement of the borrower for partial or complete early return to bank of the money submitted under the agreement gratuitously in time no more than three working days to tell him the size of the amount which is due to return with breakdown on principal debt, remuneration, the commissions, penalties and other types of penalties, and also other subjects payment of the amount;

4) to notify the borrower on the change of terms of the contract towards their improvement according to the procedure provided by the agreement;

5) in the presence of obligation fulfillment delay, but no later than ten calendar days from the date of its approach to notify the borrower by method and in the terms provided in the agreement:

about emergence of delay on obligation fulfillment under the agreement and need of introduction of payments under the contract with indication of the overdue debt size for the date specified in the notification;

the right of the borrower physical person under the agreement to address to bank;

effects of failure to carry out by the borrower of the agreement obligations.

The agreement contains condition that the notification is considered delivered if it is sent to the borrower by one of the following methods provided by the agreement:

on the e-mail address specified in the agreement;

at the place of residence specified in the agreement, the registered mail with the notification on its delivery including it is received by one of full age members of the family of the borrower living to the specified address;

with use of other means of communication providing fixation the notification by the borrower.

In case of return of the notification with mark on impossibility of its delivery to the addressee, the receiver, or in connection with refusal in its acceptance, and also not confirmation of its acceptance when using other means of communication specified in this subitem, the notification is considered directed properly;

6) to consider and prepare the written answer to the written address of the borrower;

To consider 7) within fifteen calendar days after day of receipt of the statement of the borrower – physical person the offered changes in terms of the contract;

8) in case of the conclusion of the agreement containing conditions of transition of the right (requirement) of bank on the agreement to the third party (further – the contract of assignment of right to claim) to notify the borrower (or his authorized representative):

to the conclusion of the contract of assignment of right to claim about possibility of transition of the rights (requirements) to the third party, and also about processing of personal data of the borrower in connection with such concession by the method provided in the agreement, or which is not contradicting the legislation of the Republic of Kazakhstan;

about the taken place transition of the right (requirement) to the third party by the method provided in the agreement or which is not contradicting the legislation of the Republic of Kazakhstan within thirty calendar days from the date of the conclusion of the contract of assignment of right to claim with indication of purpose of further payments on repayment of bank loan to the third party (the name and the location of person to which passed the right (requirement) for the agreement), complete amount of the transferred rights (requirements), and also remaining balance of the overdue and current amounts of principal debt, remuneration, the commissions, penalty (penalty, penalty fee) and other subjects to payment of the amounts.

6. Restrictions for bank provide prohibition on:

1) change unilaterally towards increase in the sizes established for date of the conclusion of the agreement and procedure of payments of the commissions and other payments on servicing of loan;

2) introduction unilaterally new types of the commissions and other payments within the signed agreement;

3) restriction of the borrower, pledger in the choice of insurance company and (or) the appraiser if conditions about provision of loan provide requirements about the conclusion of insurance contracts and (or) of evaluating for the purpose of determination of market value of the property which is providing and also assignment on the borrower of obligation to insure the life and health;

4) suspension unilaterally issues of new loans within the signed agreement on provision (opening) of credit line, except as specified:

provided by the agreement on provision (opening) of credit line in case of which the bank has right not to perform provision of new loans;

violations by the borrower of the obligations to bank under the agreement on provision (opening) of credit line and (or) the agreement;

deteriorations in financial condition of the borrower revealed by results of the monitoring which is carried out by bank according to the domestic credit policy of Bank corresponding to international accounting standards;

changes of the requirements of the legislation of the Republic of Kazakhstan influencing proper execution by bank of the agreement on provision (opening) of credit line and (or) the agreement;

5) change unilaterally towards increase in the remuneration rates established for date of the conclusion of the contract with the borrower by the legal entity, except as specified:

violations by the borrower of the obligations on provision of the reliable information connected with obtaining and servicing of loan in the cases provided by the agreement;

origins at bank of right to claim of early obligation fulfillment in the cases provided by the Civil code of the Republic of Kazakhstan (further – the Code), and also in the following cases provided by the agreement:

changes of list of participants (shareholders) of the borrower in total owning ten and more percent of shares (share) of joint-stock company (economic partnership) without prior written notice of bank;

violations by the borrower and (or) pledger of the right of the bank which is the pawnbroker to check according to documents and actually availability, the size, condition and storage conditions of pledged property, and also presentation by the third parties of requirements to property of the borrower (pledger), including to property, the pledged bank;

6) collection of penalty or other types of penalties for early repayment of loans, except as specified partial or complete early repayment of principal debt up to six months from the date of receipt of the loan issued for a period of up to one year up to one year from the date of receipt of the loan issued for the term of over one year;

7) collection of penalty or other types of penalties if repayment date of principal debt or remuneration drops out on day off or holiday, and payment of remuneration or principal debt is made in the working day following it.

7. The responsibility of the parties for violation of obligations contains conditions emergence of responsibility of the parties in case of non-execution or improper execution of terms of the contract.

8. The procedure for modification of terms of the contract is provided by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of July 16, 2021 No. 84 "About approval of Rules of consideration of changes in terms of the contract of bank loan" (it is registered in the Register of state registration of regulatory legal acts at No. 23619).

9. The agreement is signed between bank and the borrower in writing, in the Kazakh and Russian languages with appendix in necessary cases of transfer into other languages, and in case of the conclusion of the contract with foreign persons - in the language, Kazakh and acceptable for the parties.

Instruction in the agreement of references to internal documents of bank and documents which can change in the period of the duration of the agreement unilaterally and are unavailable to acquaintance by the borrower, it is not allowed.

The text of the agreement is printed on sheets of format A 4, by the Times New Roman font at least twelve in size, with regular interalphabetic, unary interlower case intervals and application of paragraph spaces.

10. The title page which is integral part of the agreement is attached to the agreement signed with the borrower (co-borrower) the physical person obtaining the loan which is not connected with implementation of business activity.

The title page is stated in the form of initial sheets of the agreement, and contains information on the amount and term of loan, the remuneration rate size, the size of annual effective rate of remuneration, method and method of repayment, in the presence in the contract of the right of the borrower for partial or complete early repayment of principal debt - information on need of the borrower for realization of this right to file in bank the corresponding petition, the penalty size (penalty, penalty fee) for violation of agreement obligations, information on the right of the borrower to submit in bank the written application containing data on origins of delay of obligation fulfillment under the agreement of bank loan, the income and other confirmed circumstances (facts) which cause its statement for modification of terms of the contract.

11. The repayment schedule of loan signed by its parties is attached to the agreement.

By agreement of the parties the bank according to its internal regulations offers additional drafts of the repayment schedules of loan calculated with the frequency applied when calculating drafts of repayment schedules of bank loan by methods of the differentiated and annuity payments.

12. In case of change of the terms of loan attracting change of the amount (size) of monetary commitments of the borrower and (or) term of their payment, the bank constitutes and issued to the borrower the new repayment schedule of loan.

In case of change of the terms of loan attracting increase in the amount (size) in monetary commitments of the borrower, increase in term of loan, remuneration rate increase, and also change of loan currency, the bank constitutes and issued to the borrower the new title page taking into account new conditions.

By provision of the next part of loan within credit line based on the agreement or the statement of the borrower, except for to the borrower the repayment schedule of loan and the title page according to requirements of this Item are provided to credit line within which loans are granted by use of payment card.

13. Requirements of Items 10, of 11 and 12 Requirements do not extend to the agreement, loan term under the terms of which constitutes no more than one month, the agreement under the terms of which the credit the overdraft, and also on the agreement on provision (opening) of credit line is issued.

14. On loans (tranches) issued within the agreement on opening of credit line, the bank provides to the borrower by the method provided by the agreement, information containing data on the amount of the obtained loan (loans), the size of rates of remuneration, repayment periods of loan (loans), payment dates, the name and the sizes of the commissions and other payments connected with issue and servicing of loan (in the presence).

The conditions specified in subitems 1), 2), 3), 4), 5), 6), 7), 8), 9), 10), 11), 12), 13), 14) and 15) of Item 2 and in the subitem 6) of Item 1 of Requirements are reflected in the agreement after the title page in the specified sequence.

By provision of credit line by means of agreement signature about provision (opening) of credit line, and also within it the agreement (agreements) or giving by the borrower of the statement (statements) which is (being) integral (integral) part (parts) of the agreement on provision (opening) of credit line and on the basis which, (which) issue of the next loan is performed:

in the agreement on provision (opening) of credit line the total amount and aggregate term of credit line is specified;

the conditions provided in subitems 1), 2), 3), 4), 5), 6), 8), 11) and 15) of Item 2 of Requirements are specified in the agreement or the statement after the title page in the specified sequence;

the conditions provided in subitems 6), 7) and 8) Item 1, in Items 3, of 4, 5 and 6, subitems 7), 9), 10), 12), 13), 14), 16), 17) and 18) of Item 2 of Requirements in case of their specifying in the agreement on provision (opening) of credit line do not require additional specifying in the agreement or the statement.

15. In case of the conclusion the mixed agreement is drawn up by the parties of the mixed agreement according to article 381 of the Code which contains agreement elements in accordance with the terms of Item 9 of Requirements.

The mixed agreement regarding the agreement contains compulsory provisions according to the list specified in Item 1 of Requirements taking into account the requirement specified in part two of Item 14 of Requirements.

In case of the conclusion of the agreement on the terms of accession according to article 389 of the Code, the part of the agreement (statement of accession) containing signatures of bank and the borrower conforms to requirements of parts one, second and third Item 9 of Requirements, contains the conditions provided by part two of Item 14 of Requirements which are specified regarding the agreement (statement of accession) after the title page in the corresponding sequence.

Appendix 3

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 23, 2019 No. 248

Form

Appendix No. __

to the Agreement of bank loan

No. _____ from ________________
(day, month, year)

The repayment schedule of loan from ___________
(day, month, year)
to the Agreement of bank loan No. _ from ___________
(day, month, year)

Surname, name, middle name (in case of its availability) / the name of the borrower
Individual identification number (IIN) / business - identification number (BIN) of the borrower
Amount and loan currency			___________
Remuneration rate size			___________ percent of annual/tenge
Size of annual effective rate of remuneration			___________ percent of annual
Loan term			___________ (days, months, years)
The method of repayment of loan chosen by the borrower (co-borrower)			___________ (the annuity, differentiated or other method according to internal regulations of bank)
Payment date	Payments for the period				Remaining balance of principal debt
	Payment amount	Remuneration		Principal debt
1	2	3		4	5
Date of issue of loan	-	-		-	The amount of the issued loan




Total:
Bank details		Details of the borrower (co-borrower)

The repayment schedule of loan by agreement of the parties contains additional data.

Note:

In column 1 dates of making payments are entered (the first date is date of issue of loan).

In column 2 payment amounts of the borrower are entered (the first payment amount from the borrower is absent).

In columns 3 and 4 are entered the amount of remuneration and principal debt, constituting payment amount of the borrower.

In column 5 remaining balance of principal debt (debt) after the made next payment of the borrower is entered.

In the line "Total" the amounts of flows of payments according to columns 2, 3 and 4 are entered.

Appendix 4

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 23, 2019 No. 248

Form

The instruction sheet for the borrower - physical person under the agreement of bank loan on condition

on _________________
(day, month, year)

1	Amount and loan currency
2	Loan term
3	Number of payments
4	Remuneration rate type (fixed or floating), the remuneration rate size in annual interests or in fixed amount
5	The remuneration rate size in reliable, annual, effective, comparable basis
6	The name and the sizes of the commissions and other payments connected with issue and servicing of loan
7	Total amount to repayment
8	Total sum of remuneration
9	The penalty size (penalty, penalty fee) for untimely repayment of principal debt and remuneration
10	Other types of penalties, penalty fee according to terms of the contract of bank loan (including for inappropriate use of loan, untimely execution of insurance contracts and so on)	1)______________________________ (name of penalty, penalty fee, their sizes) 2)______________________________ (name of penalty, penalty fee, their sizes) 3)______________________________ (name of penalty, penalty fee, their sizes)
11	Need of the conclusion of the insurance contract and terms of its prolongation
12	Contact information of bank (phone numbers, e-mail address, address of the website of bank)

Note:

The conditions of provision of loan specified in this Instruction sheet are calculated based on oral customer information about its income and obligations, and are approximate for the purpose of acquaintance and comparison of conditions of bank loan with conditions of loans of other banks.

Appendix 2

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 23, 2019 No. 248

The list of some regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan recognized invalid

1. 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 February 28, 2011 No. 18 "About determination of the list of compulsory provisions of the agreement of bank loan" (it is registered in the Register of state registration of regulatory legal acts at No. 6877, it is published on June 4, 2011 in the Kazakhstanskaya Pravda newspaper No. 177-178 (26598-26599);

2. The resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2012 No. 372 "About modification and amendments 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 February 28, 2011 No. 18 "About approval of the list of compulsory provisions of the agreement of bank loan and introduction of amendments and changes 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 February 23, 2007 No. 49 "About approval of Rules of maintaining documentation on crediting" (it is registered in the Register of state registration of regulatory legal acts at No. 8308, it is published on May 18, 2013 in the Kazakhstanskaya Pravda newspaper No. 170-171 (27444-27445);

3. Item 7 of the List of regulatory legal acts of the Republic of Kazakhstan concerning banking regulation to which changes and additions are made the Board of National Bank of the Republic of Kazakhstan approved by the resolution of February 25, 2013 No. 74 "About modification and amendments in some regulatory legal acts concerning banking regulation" (it is registered in the Register of state registration of regulatory legal acts at No. 8436, it is published on June 12, 2013 in the Yuridicheskaya Gazeta newspaper No. 85 (2460));

4. The resolution of Board of National Bank of the Republic of Kazakhstan of July 16, 2014 No. 145 "About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning establishment of requirements to documentation on crediting" (it is registered in the Register of state registration of regulatory legal acts at No. 9719, it is published on October 8, 2014 in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

5. Item 9 of the List of regulatory legal acts of the Republic of Kazakhstan concerning cardinal improvement of conditions for business activity in the Republic of Kazakhstan to which changes are made the Board of National Bank of the Republic of Kazakhstan approved by the resolution of February 25, 2015 No. 28 "About modification of some regulatory legal acts of the Republic of Kazakhstan concerning cardinal improvement of conditions for business activity in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 10715, it is published on May 6, 2015 in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

6. The resolution of Board of National Bank of the Republic of Kazakhstan of October 30, 2015 No. 200 "About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning banking regulation" (it is registered in the Register of state registration of regulatory legal acts at No. 12376, it is published on January 18, 2016 in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

7. The resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 9 "About modification and amendments 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 February 28, 2011 No. 18 "About approval of the list of compulsory provisions of the agreement of bank loan and introduction of amendments and changes 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 February 23, 2007 No. 49 "About approval of Rules of maintaining documentation on crediting" (it is registered on March 9, 2016 in the Register of state registration of regulatory legal acts at No. 13427, it is published on April 29, 2016 in the Information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let);

8. Item 1 of the List of regulatory legal acts of the Republic of Kazakhstan to which changes and additions concerning collection activities are made the Board of National Bank of the Republic of Kazakhstan approved by the resolution of December 22, 2017 No. 249 "About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning collection activities" (it is registered in the Register of state registration of regulatory legal acts at No. 16267, it is published on February 5, 2018 in the Information system "Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan in Electronic Form");

9. Item 1 of the List of regulatory legal acts of the Republic of Kazakhstan concerning banking activity to which changes are made the Board of National Bank of the Republic of Kazakhstan approved by the resolution of October 29, 2018 No. 257 "About modification of some regulatory legal acts of the Republic of Kazakhstan concerning banking activity and recognition voided some regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 17753, it is published in November 27, 2018 in the Information system "Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan in Electronic Form");

10. The resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2019 No. 3 "About modification and amendments 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 February 28, 2011 No. 18 "About determination of the list of compulsory provisions of the agreement of bank loan" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on January 31, 2019 No. 18254, it is published on February 6, 2019 in the Information system "Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan in Electronic Form").

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