THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of October 30, 2020 No. 106

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

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 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 November 26, 2012 "About microfinancial activities" Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

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

2. In the resolution of Board of National Bank of the Republic of Kazakhstan of May 30, 2016 No. 144 "About establishment of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks, their normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks" (it is registered in the Register of state registration of regulatory legal acts at No. 13939, it is published on July 22, 2016 in information system of law of Ad_let):

in Normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, for the Islamic banks approved by the specified resolution:

suspend from October 1, 2020 to June 30, 2021 inclusive action of the following regulations:

in Item 34:

the subitem 6) of part one, having determined that during suspension this subitem is effective in the following edition:

"6) the requirements for correspondent accounts to resident banks of the Republic of Kazakhstan and nonresident banks of the Republic of Kazakhstan weighed taking into account credit risk according to the Table of the assets of bank weighed on degree of credit risk of investments according to appendix 2 to Standard rates;

minus requirements to the borrower in type:

the assets financed by the funds raised under the agreement on the investment deposit;

the amounts of the reserves created according to IFRS, and also the providing amounts according to obligations of the borrower in type:

the deposits made available to bank as providing this obligation;

the government securities of the Republic of Kazakhstan issued by the Government of the Republic of Kazakhstan and National Bank of the Republic of Kazakhstan;

"AA" on the international scale of the Standard & Poor agency "s or rating assessment of similar level of one of other rating agencies is not lower than the government securities issued by the central governments of the foreign states having sovereign rating;

the affined precious metals;

guarantees of the Government of the Republic of Kazakhstan;

guarantees of joint-stock company "National welfare fund "Samruk-Kazyna", joint-stock company "National managing holding "Bayterek", joint-stock company "National managing holding "Kazagro";

the securities issued by bank and provided as providing on the acquired bank to securities on which issuer is the joint-stock company "National welfare fund "Samruk-Kazyna", joint-stock company "National managing holding "Bayterek", or their affiliated organizations and on which at bank the right to unconditional collection of such providing is had;

the insurance contracts containing Items on unconditional and irrevocable obligation fulfillment on insurance payment, concluded with the national company which is performing functions on export support, and having the state warranty of the Government of the Republic of Kazakhstan.";

parts two, having determined that during suspension this part is effective in the following edition:

"On one borrower do not join in calculation of risk:

requirements to the Government of the Republic of Kazakhstan, National Bank of the Republic of Kazakhstan, joint-stock company "National welfare fund "Samruk-Kazyna", to joint-stock company "National managing holding "Bayterek", special finance company of Fund of Stressful Assets joint-stock company, the requirements of bank to the borrower which are written off from balance of bank, the requirement of bank to the borrower on which hundred percent of reserves according to IFRS are created;

requirements of bank to the affiliated organization;

requirements in the form of the money 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;

requirements of bank to the legal entity, earlier being the subsidiary bank which performed restructuring and transaction on simultaneous transfer of assets and obligations to parent bank according to the Law on banks.";

Item 51, having determined that during suspension this Item is effective in the following edition:

"51. Standard rates set the following limits of open foreign exchange position:

1) limit of open foreign exchange position (long and short) on foreign currencies of the countries having sovereign rating is not lower "And" Standard & Poor agencies "s or rating of similar level of the Moody agencies" s Investors Service to both Fitch, and currency "euro", and also the affined precious metals in the amount of, not exceeding 12,5 (twelve whole five tenth) percent of size of equity of bank, except for are not lower than long foreign exchange position on foreign currencies of the countries having sovereign rating "And" the Standard & Poor agencies "s or the rating of similar level of other rating agencies, and currency "euro";

the limit of long foreign exchange position of foreign currencies of the countries having sovereign rating is not lower "And" the Standard & Poor agencies "s or the rating of similar level of other rating agencies, and currency "euro", in the amount of, not exceeding 7,5 (seven whole five tenth) than percent of size of equity of bank;

2) limit of open foreign exchange position (long and short) on foreign currencies of the countries having sovereign rating is lower "And" the Standard & Poor agencies "s or the rating of similar level of one of other rating agencies, in the amount of, not exceeding 5 (five) percent of size of equity of bank;

3) limit of currency net position in the amount of, not exceeding 12,5 (twelve whole five tenth) percent of size of equity of bank.";

suspend from October 1, 2020 to March 31, 2021 inclusive action of the following regulation:

the subitem 4) of Management Item 9 on forming of provisions (reserves) under asset impairment of bank in the form of loans and receivables according to appendix 1, having determined that during suspension this subitem is effective in the following edition:

"4) restructuring of loan one and more time for the last 12 (twelve) months. Restructuring of loan is understood as any change of procedure and terms of the contract of loan in connection with deterioration in financial condition of the borrower. Any of the following cases belongs to restructuring:

change of the payment schedule on loan, including provision or prolongation of grace period on loan payments for repayment of principal debt and (or) remuneration, prolongation of term of loan, delay of one or more loan payment, write-off or forgiveness of part of principal debt and (or) remuneration on loan, capitalization of overdue payments on remuneration, change (converting) of loan currency from one currency on another with capitalization of overdue debt on remuneration;

provision of new loan for debt repayment on the operating loan in bank, including in other banks. The new and operating loans contain impairment sign in the form of restructuring;

increase in credit limit in case of overdue debt availability;

decrease in rate of remuneration on loan;

decrease in debt on loan due to mortgage providing.

For the purposes of this subitem is not recognized the event which is objective confirmation of impairment of loan, the restructuring which is carried out for the purpose of implementation of state programs.

For the purposes of this subitem is not recognized the event which is objective confirmation of impairment of loan, the restructuring which is carried out on loan, in case of compliance of loan and the borrower to the conditions determined in paragraphs ten and the eleventh this subitem, and connected with the delay in payment on loan granted during emergency state and rationing quarantine arrangements.

The borrower on whose loan restructuring and loan (credit) at the same time is carried out correspond to the following conditions:

I will jam (credit) it is referred to category of financial assets, provisions (reserves) on which are created in the amount equal to the twelve-monthly expected credit losses, before introduction of emergency state;

at the time of delay provision the borrower experiences temporary difficulties with repayment of loan. The borrower is recognized experiencing temporary difficulties with repayment of loan provided that after the end of the period of delay the borrower continues to fulfill timely the obligations according to the new repayment schedule of loan.

For the purposes of the paragraph of the eleventh this subitem the bank estimates probability of timely repayment by the borrower of agreement obligations of loan. Criteria of untimely repayment of obligations by the borrower are:

availability at bank of reasonable and confirmable information that the borrower will allow violation of payment due dates according to the obligations after the end of the period of delay without provision to it eases on loan (restructuring, refinancing);

the forecast of bank on the basis of assessment of the actual indicators of financial condition of the borrower that there will be not enough cash flows of the borrower for covering of contractual commitments before bank (including principal debt and remuneration) and the borrower will allow violation of payment due dates according to the obligations;

assessment of bank about availability of deterioration in financial condition of the borrower according to internal rating model.

In the presence of the internal rating model developed and tested with participation of the international organizations (experts) in the field of modeling of the rating estimates and their specialized divisions specified in the subitem 2) of this Item, the bank for the purposes of this subitem under deterioration in financial condition of the borrower recognizes credit rating in total with dynamics of deterioration in internal credit rating for the last 12 (twelve) months;";

suspend from October 1, 2020 to June 30, 2021 inclusive action:

2, having determined tables of the assets of bank weighed on degree of credit risk of investments according to appendix that during suspension this appendix is effective in edition according to appendix 2 to this resolution;

5, having determined tables of the contingent and possible obligations of bank weighed on degree of credit risk according to appendix that during suspension this appendix is effective in edition according to appendix 3 to this resolution.

3. 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, 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 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) to suspend from October 1, 2020 to June 30, 2021 inclusive action of the following regulations:

in the 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, approved by the specified resolution:

the paragraph of the fifth Item 29, having determined that during suspension this paragraph is effective in the following edition:

"ND - retained income of last years and the current year (including funds, reserve of unexpected risks, stabilization reserve, the reserves created at the expense of net income of last years and the current year), minus the dividends which are subject to payment;";

Item 34, having determined that during suspension this Item is effective in the following edition:

"34. In calculation of insurance value (reinsurance) organization taking into account their classification by quality and liquidity, join:

1) money:

money in cash desk in the amount which is not exceeding 1 (one) percent from the amount of assets of the insurance (reinsurance) organization minus reinsurance assets - of 100 (hundred) percent from book value;

money in transit 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 - of 100 (hundred) percent from book value;

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;

the money of the insurance (reinsurance) organization on accounts at the organization performing broker and (or) dealer activities in the security market which is in banks of the second level of the Republic of Kazakhstan, and in the central depositary - of 100 (hundred) percent from book value;

the money of the insurance (reinsurance) organization on accounts at the organization performing activities for management of investment portfolio which is in banks of the second level of the Republic of Kazakhstan - of 100 (hundred) percent from book value;

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;

6) loans to insurers of the insurance (reinsurance) organization performing activities for industry "life insurance" - of 100 (hundred) percent from the amount of principal debt;

7) fixed assets in the form of real estate in the amount which is not exceeding 5 (five) percent from the amount of highly liquid assets of the insurance (reinsurance) organization - of 100 (hundred) percent from the smallest size from balance sheet and market costs.

For the purpose of determination of market value of the fixed assets considered when calculating prudential standard rates, the insurance (reinsurance) organization carries out assessment of their cost at the appraiser at least once a year;

8) till January 1, 2022:

intangible assets: the software acquired for the purposes of main insurance activity (reinsurance) organization - in the amount of cost taking into account accumulated depreciation and not exceeding 10 (ten) percent from the amount of highly liquid assets of the insurance (reinsurance) organization;

9) the amounts to obtaining from overcautious persons, insurance premiums to obtaining from insurers (reinsurers) and intermediaries in the amount which is not exceeding 10 (ten) percent from the amount of highly liquid assets of the insurance (reinsurance) organization, except for insurance premiums to obtaining from the legal entities specified in the subitem 11) of this Item;

10) the requirements to issuers of securities on payment of nominal value of securities which arose in connection with the expiration of their address provided by the prospectus of issue of securities (are not delayed under the terms of the prospectus of issue of securities) - of 100 (hundred) percent from book value.

11) insurance premiums to obtaining in the amount which is not exceeding 15 (fifteen) percent from the amount of highly liquid assets of the insurance (reinsurance) organization when insurer is:

the legal entity, more than 50 (fifty) percent of voting shares (shares in the authorized capital) which directly or indirectly belong to national managing holding, or;

the legal entity with rating not below "BB+" of Standard & Poor rating agency "s or other rating agencies, or;

the large systemically important enterprise corresponding to the following criteria:

the proceeds from sales of products (rendering services) constitute at least 50 (fifty) billion tenges annually for the last 2 (two) years;

tax assignments constitute at least 3 (three) billion tenges annually for the last 2 (two) years.

Insurance premiums to obtaining from insurers join in calculation of insurance value (reinsurance) organization taking into account their classification by quality and liquidity in case of payment by the insurer at least one twelfth part of insurance premium according to the insurance contract, taking into account additional (additional) agreements (agreements) to the insurance contract, or the first insurance premium under the agreement of accumulative insurance no later than the fifth working day following month under report.

Insurance premiums to obtaining from reinsurers join in calculation of insurance value (reinsurance) organization taking into account their classification by quality and liquidity in case of payment by the reinsurer at least one twelfth part of insurance premium under the agreement of reinsurance no later than the fifth working day following month under report.

(Reinsurance) organization taking into account their classification by quality and liquidity do not join in calculation of insurance value (except for receivables which arose in connection with placement of money on accounts at the organization performing broker and (or) dealer activities in the security market in case of transactions with financial instruments (the money specified subitem in paragraph six 1) to part one of this Item):

receivables delayed under the terms of the contract for term more than 3 (three) working days;

receivables delayed under the terms of the contract for term more than 30 (thirty) calendar days for the insurance (reinsurance) organizations which share of insurance premiums on the class "sickness insurance" constitutes more than 80 (eighty) percent in total amount of insurance premiums on current agreements of insurance (reinsurance) on reporting date;

receivables formed according to insurance contracts (reinsurance), effective period of insurance (reinsurance) protection according to which did not come;

receivables of large participants, the affiliated organizations, organizations in which the insurance (reinsurance) organization is large participant or have considerable participation, and also other affiliated organizations.

If the insurance contract (reinsurance) provides payment of insurance premium by installments in the form of periodic insurance premiums, then in case of failure to pay by the insurer (reinsurer) the due insurance premium for reporting date, when calculating insurance value (reinsurance) organization taking into account their classification by quality and liquidity receivables amount remaining balance (the subsequent periodic insurance premiums) is considered overdue.";

the subitem 15) of Item 38, having determined that during suspension this subitem is effective in the following edition:

"15) the non-state debt securities issued by the international financial institutions having the international rating is not lower "And + than" the Standard & Poor agency "s or the rating of similar level of one of other rating agencies, and also debt securities issued by Eurasian Development Bank and nominated in national currency of the Republic of Kazakhstan;";

4, having determined tables of assets of the insurance (reinsurance) organization taking into account their classification by quality and liquidity according to appendix that during suspension this appendix is effective in edition according to appendix 4 to this resolution;

5, having determined tables of highly liquid assets of the insurance (reinsurance) organization according to appendix that during suspension this appendix is effective in edition according to appendix 5 to this resolution.

4. In the resolution of Board of National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170 "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 bank and Rules of calculation and limits of open foreign exchange position" (it is registered in the Register of state registration of regulatory legal acts at No. 15886, it is published on October 25, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan):

in Normative values and techniques of calculations of the prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank approved by the specified resolution:

suspend from October 1, 2020 to June 30, 2021 inclusive action of the following regulations:

the subitem 5) of Item 2, having determined that during suspension this subitem is effective in the following edition:

"5) unsteady types of pledge - the property and money arriving in the future (except for the rights of requirements to the state partner in the cash receipts transfered to account, intended for transfer of compensation of investment costs, under the agreement of public-private partnership signed according to the legislation of the Republic of Kazakhstan which is the key under the agreement of bank loan which conditions are provided in Item 2-1 of Standard rates, on cash receipts in warranty type of consumption of certain amount of the goods and (or) services made in the project progress of public-private partnership, and also the money arriving in the future on off-take to the contract which is the key under the agreement of bank loan, the property which is providing on syndicated loans in case of compliance to the conditions provided in Item 2-2 of Standard rates), including under agreements of equity (except for money, arriving under the agreements signed with the companies with the state participation (subjects of the quasi-public sector), insurance contracts (except for "BB+" of Standard & Poor rating agency "s or rating of the Moody agencies" s Investors Service, Fitch and A.M is not lower than the insurance contracts containing Items on unconditional and irrevocable obligation fulfillment, concluded with the insurance companies having rating. Best (further - other rating agencies), insurance contracts which conditions are provided in Item 2-1 of Standard rates), guarantees of physical persons or legal entities (except for "BB+" of Standard & Poor rating agency "is not lower than guarantees of the legal entities having credit rating s or the rating of similar level of one of other rating agencies, guarantees of the banks of the second level having credit rating is not lower "In -" Standard & Poor rating agency "of s or other rating agencies, and also guarantees issued by national managing directors of holdings and their affiliated organizations), intangible assets, shares in the authorized capital or the securities which are not included in the official listing of organizers of the biddings of the Republic of Kazakhstan and (or) organizers of the biddings recognized by the international stock exchanges (except for the shares accepted in mortgage providing in the authorized capital and (or) securities of legal entities, which have relation of debt on the loans issued on the purposes which are not connected with financing of current assets to profit to deduction of expenses on payment of the added remunerations, tax assignments and charged depreciation (EBITDA) constitutes no more 4), paper grain receipts, the mortgage providing which is outside the Republic of Kazakhstan (except for the mortgage providing which is in the countries of the Eurasian Economic Union in the presence of the conclusion of legal consultants or specialists of the affiliated organizations of bank according to the right of the said countries confirming proper registration of mortgage providing);";

Item 2-2, having determined that during suspension this Item is effective in the following edition:

"2-2. The money arriving in the future on off-take to the contract is excluded from unsteady types of pledge in case of observance of the following conditions:

1) customer is:

the legal entity, more than 50 (fifty) percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state or national managing holding, or;

public institution, or;

local executive body of area, city of republican value, capital;

the legal entity with rating not below "BB-" of Standard & Poor rating agency "s or other rating agencies, or;

large systemically important enterprise, or;

the legal entity whose at least 70 (seventy) percent of the income within the last 2 (two) years are created by persons specified in paragraphs the second, third, the fourth, fifth and sixth this subitem;

2) terms of the contract provide obligatory execution by the customer of the obligations to the producer (supplier) in case of proper execution by the producer (supplier) of obligations assumed under the contract;

3) the producer (supplier) - the borrower has positive credit history according to credit bureau which is expressed in lack of overdue debt more than 60 (sixty) calendar days for the last 2 (two) years.

For the purposes of Standard rates the companies corresponding to the following criteria treat the large systemically important enterprises:

the proceeds from sales of products (rendering services) constitute at least 50 (fifty) billion tenges annually for the last 2 (two) years;

tax assignments constitute at least 3 (three) billion tenges annually for the last 2 (two) years.

The property which is providing on syndicated loans is excluded from unsteady types of pledge in case of observance of the following conditions:

the organizer (agent bank) is the bank having debt rating "BB+" of the Standard & Poor agency "s or the rating of similar level of one of other rating agencies is not lower;

the share of financing by the organizer constitutes at least 50 (fifty) percent from the amount of syndicated loan;

the syndicated loan is allocated for the investment purposes on construction of production facilities;

the project provides profitability of the project company and positive cash flows from operating and financial activities in the period after introduction of construction object in operation and before the termination of term of financing;

the syndicated loan is issued for the term of at least 7 (seven) years.";

The paragraph of the twenty sixth - the fortieth item 4 is excluded according to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of 28.05.2021 No. 68

suspend from October 1, 2020 to June 30, 2021 inclusive action of the following regulations:

in Item 57:

the subitem 7) of part one, having determined that during suspension this subitem is effective in the following edition:

"7) the requirements for correspondent accounts to resident banks of the Republic of Kazakhstan and nonresident banks of the Republic of Kazakhstan weighed taking into account credit risk according to the Table of the assets of bank weighed on degree of credit risk of investments according to appendix 5 to Standard rates;

minus the amount of the reserves created according to IFRS, and also the providing amount according to obligations of the borrower in type:

the deposits made available to bank as providing this obligation;

the government securities of the Republic of Kazakhstan issued by the Government of the Republic of Kazakhstan and National Bank;

"AA" on the international scale of the Standard & Poor agency "s or rating assessment of similar level of one of other rating agencies is not lower than the government securities issued by the central governments of the foreign states having sovereign rating;

the affined precious metals;

guarantees of the Government of the Republic of Kazakhstan;

guarantees of joint-stock company "National welfare fund "Samruk-Kazyna", joint-stock company "National managing holding "Bayterek", joint-stock company "National managing holding "Kazagro";

the securities issued by bank and provided as providing on the acquired bank to securities on which issuer is the joint-stock company "National welfare fund "Samruk-Kazyna", joint-stock company "National managing holding "Bayterek", or their affiliated organizations and on which at bank the right to unconditional collection of such providing is had.

the insurance contracts containing Items on unconditional and irrevocable obligation fulfillment on insurance payment, concluded with the national company which is performing functions on export support, and having the state warranty of the Government of the Republic of Kazakhstan.";

parts two, having determined that during suspension this part is effective in the following edition:

"On one borrower do not join in calculation of risk:

requirements to the Government of the Republic of Kazakhstan, National Bank, the legal entity performing the redemption of mortgage loans of the physical persons which are not connected with business activity which hundred percent of shares belong to National Bank, joint-stock company "National welfare fund "Samruk-Kazyna", to joint-stock company "National managing holding "Bayterek", special finance company of Fund of Stressful Assets joint-stock company, the requirements of bank to the borrower which are written off from balance of bank, the requirement of bank to the borrower on which hundred percent of reserves according to IFRS are created;

requirements for securities according to which the state warranty of the Government of the Republic of Kazakhstan is had;

requirements of bank to the affiliated organization;

requirements of bank to the legal entity, earlier being the subsidiary bank which performed restructuring and transaction on simultaneous transfer of assets and obligations to parent bank according to the Law on banks;

requirements in the form of the money 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.";

suspend from October 1, 2020 to March 31, 2021 inclusive action of the following regulations:

the subitem 11) of Item 65, having determined that during suspension this subitem is effective in the following edition:

"11) term deposits in National Bank;";

the subitem 4) of Management Item 9 on forming of provisions (reserves) under asset impairment of bank in the form of loans and receivables according to appendix 1, having determined that during suspension this subitem is effective in the following edition:

"4) restructuring of loan one and more time for the last 12 (twelve) months. Restructuring of loan is understood as any change of procedure and terms of the contract of loan in connection with deterioration in financial condition of the borrower. Any of the following cases belongs to restructuring:

change of the payment schedule on loan, including provision or prolongation of grace period on loan payments for repayment of principal debt and (or) remuneration, prolongation of term of loan, delay of one or more loan payment, write-off or forgiveness of part of principal debt and (or) remuneration on loan, capitalization of overdue payments on remuneration, change (converting) of loan currency from one currency on another with capitalization of overdue debt on remuneration;

provision of new loan for debt repayment on the operating loan in bank, including in other banks. The new and operating loans contain impairment sign in the form of restructuring;

increase in credit limit in case of overdue debt availability;

decrease in rate of remuneration on loan;

decrease in debt on loan due to mortgage providing.

For the purposes of this subitem is not recognized the event which is objective confirmation of impairment of loan, the restructuring which is carried out for the purpose of implementation of state programs.

For the purposes of this subitem is not recognized the event which is objective confirmation of impairment of loan, the restructuring which is carried out on loan, in case of compliance of loan and the borrower to the conditions determined in paragraphs ten and the eleventh this subitem, and connected with the delay in payment on loan granted during emergency state and rationing quarantine arrangements and (or) with subsidizing of interest rates for loans during emergency state and rationing quarantine arrangements.

The borrower on whose loan restructuring and loan (credit) at the same time is carried out correspond to the following conditions:

I will jam (credit) it is referred to category of financial assets, provisions (reserves) on which are created in the amount equal to the twelve-monthly expected credit losses, before introduction of emergency state;

at the time of provision of delay and (or) subsidizing the borrower experiences temporary difficulties with repayment of loan. The borrower is recognized experiencing temporary difficulties with repayment of loan provided that after the end of the period of delay and (or) subsidizing the borrower continues to fulfill timely the obligations according to the new repayment schedule of loan.

For the purposes of the paragraph of the eleventh this subitem the bank estimates probability of timely repayment by the borrower of agreement obligations of loan. Criteria of untimely repayment of obligations by the borrower are:

availability at bank of reasonable and confirmable information that the borrower will allow violation of payment due dates according to the obligations after the end of the period of delay and (or) subsidizing without provision to it eases on loan (restructuring, refinancing);

the forecast of bank on the basis of assessment of the actual indicators of financial condition of the borrower that there will be not enough cash flows of the borrower for covering of contractual commitments before bank (including principal debt and remuneration) and the borrower will allow violation of payment due dates according to the obligations;

assessment of bank about availability of deterioration in financial condition of the borrower according to internal rating model.

In the presence of the internal rating model developed and tested with participation of the international organizations (experts) in the field of modeling of the rating estimates and their specialized divisions specified in the subitem 2) of this Item, the bank for the purposes of this subitem under deterioration in financial condition of the borrower recognizes credit rating in total with dynamics of deterioration in internal credit rating for the last 12 (twelve) months;";

suspend from October 1, 2020 to June 30, 2021 inclusive action:

5, having determined tables of the assets of bank weighed on degree of credit risk of investments according to appendix that during suspension this appendix is effective in edition according to appendix 6 to this resolution;

6, having determined tables of the contingent and possible obligations of bank weighed on degree of credit risk according to appendix that during suspension this appendix is effective in edition according to appendix 7 to this resolution.

5. In the resolution of Board of National Bank of the Republic of Kazakhstan of December 22, 2017 No. 269 "About approval of Rules of creation of provisions (reserves) according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting" (it is registered in the Register of state registration of regulatory legal acts at No. 16502, it is published on March 15, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) to suspend from October 1, 2020 to March 31, 2021 inclusive action of the following regulation:

in Rules of creation of provisions (reserves) according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting approved by the specified resolution:

the subitem 3) of Item 16, having determined that during suspension this subitem is effective in the following edition:

"3) restructuring of loan in connection with financial straits of the partner one and more time for the last 12 (twelve) months.

For the purposes of this subitem is not recognized the event which is objective confirmation of impairment of loan, the restructuring which is carried out on loan, in case of compliance of loan and the borrower to the conditions determined in paragraphs four and the fifth this subitem, and connected with the delay in payment on loan granted during emergency state and rationing quarantine arrangements and (or) with subsidizing of interest rates for loans during emergency state and rationing quarantine arrangements.

The borrower on whose loan restructuring and loan (credit) at the same time is carried out correspond to the following conditions:

I will jam (credit) it is referred to category of financial assets, provisions (reserves) on which are created in the amount equal to the twelve-monthly expected credit losses, before introduction of emergency state;

at the time of provision of delay and (or) subsidizing the borrower experiences temporary difficulties with repayment of loan. The borrower is recognized experiencing temporary difficulties with repayment of loan provided that after the end of the period of delay and (or) subsidizing the borrower continues to fulfill timely the obligations according to the new repayment schedule of loan.

For the purposes of the paragraph of the fifth this subitem the financial organization estimates probability of timely repayment by the borrower of agreement obligations of loan. Criteria of untimely repayment of obligations by the borrower are:

availability at the financial organization of reasonable and confirmable information that the borrower will allow violation of payment due dates according to the obligations after the end of the period of delay and (or) subsidizing without provision to it eases on loan (restructuring, refinancing);

the forecast of the financial organization on the basis of assessment of the actual indicators of financial condition of the borrower that there will be not enough cash flows of the borrower for covering of contractual commitments before the financial organization (including principal debt and remuneration) and the borrower will allow violation of payment due dates according to the obligations;

assessment of the financial organization about availability of deterioration in financial condition of the borrower according to internal rating model;".

6. In the resolution of Board of National Bank of the Republic of Kazakhstan of March 27, 2018 No. 62 "About approval of Rules of implementation of classification of assets and contingent obligations on the provided microcredits, references of assets on the provided microcredits to doubtful and hopeless, and also creations of provisions (reserves) against them" (it is registered in the Register of state registration of regulatory legal acts at No. 16858, it is published on May 14, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) to suspend from October 1, 2020 to March 31, 2021 inclusive action of the following regulation:

in Rules of implementation of classification of assets and contingent obligations on the provided microcredits, references of assets on the provided microcredits to doubtful and hopeless, and also creations of provisions (reserves) against them approved by the specified resolution:

the subitem 3) of Item 25, having determined that during suspension this subitem is effective in the following edition:

"3) restructuring of asset on the provided microcredit in connection with financial straits one and more time for the last 12 (twelve) months.

For the purposes of this subitem is not recognized the event which is objective confirmation of impairment of the microcredit, the restructuring which is carried out on the microcredit, in case of compliance of the microcredit and the borrower to the conditions determined in paragraphs four and the fifth this subitem, and connected with the delay in payment on the microcredit granted during emergency state and rationing quarantine arrangements.

The borrower on whose microcredit restructuring and the microcredit at the same time is carried out correspond to the following conditions:

the microcredit is referred to category of financial assets, provisions (reserves) on which are created in the amount equal to the twelve-monthly expected credit losses, before introduction of emergency state;

at the time of delay provision the borrower experiences temporary difficulties with repayment of the microcredit. The borrower is recognized experiencing temporary difficulties with repayment of the microcredit provided that after the end of the period of delay the borrower continues to fulfill timely the obligations according to the new repayment schedule of the microcredit.

For the purposes of the paragraph of the fifth this subitem the microfinancial organization estimates probability of timely repayment by the borrower of agreement obligations about provision of the microcredit. Criteria of untimely repayment of obligations by the borrower are:

availability at the microfinancial organization of reasonable and confirmable information that the borrower will allow violation of payment due dates according to the obligations after the end of the period of delay without provision to it eases on the microcredit (restructuring, refinancing);

the forecast of the microfinancial organization on the basis of assessment of the actual indicators of financial condition of the borrower that cash flows of the borrower will be insufficient for covering of contractual commitments before the microfinancial organization (including principal debt and remuneration) and the borrower will allow violation of payment due dates according to the obligations;

assessment of the microfinancial organization about availability of deterioration in financial condition of the borrower according to internal rating model;".

7. In the resolution of Board of National Bank of the Republic of Kazakhstan of April 27, 2018 No. 79 "About establishment of types of prudential standard rates, and also the indicators characterizing respect for their values for the organizations exercising control of investment portfolio, approval of Rules of calculation of values of the prudential standard rates which are subject to observance by the organizations exercising control of investment portfolio" (it is registered in the Register of state registration of regulatory legal acts at No. 17008, it is published on June 12, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) to suspend from October 1, 2020 to June 30, 2021 inclusive action of the following regulation:

in Rules of calculation of values of the prudential standard rates which are subject to observance by the organizations exercising control of investment portfolio, approved by the specified resolution:

Tables of calculation of values of prudential standard rates of the managing director of investment portfolio according to appendix, having determined that during suspension this appendix is effective in edition according to appendix 8 to this resolution.

8. In 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" (it is registered in the Register of state registration of regulatory legal acts at No. 17005, it is published on June 13, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) to suspend from October 1, 2020 to June 30, 2021 inclusive action of the following regulation:

in 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, approved by the specified resolution:

Tables of calculation of values of prudential standard rates of the organization performing broker and (or) dealer activities in the security market according to appendix, having determined that during suspension this appendix is effective in edition according to appendix 9 to this resolution.

9. To provide to department of methodology and prudential 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 the Agency of the Republic of Kazakhstan on regulation and development of the financial market 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 action provided by the subitem 2) of this Item.

10. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

11. This resolution becomes effective after day of its first official publication, except for:

item 4 of the List which becomes effective since January 1, 2021;

paragraphs from Item 1 of the List, the thirty seventh on the thirty eighth, which become effective since April 1, 2021;

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