RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 30, 2020 No. 139

About modification and amendments in some regulatory legal acts of National Bank of the Republic of Kazakhstan concerning payments and payment systems

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the List of some regulatory legal acts of National Bank of the Republic of Kazakhstan to which changes and additions concerning payments and payment systems are made (further - the List), according to appendix to this resolution.

2. To provide to department of payment systems in the procedure established by the legislation of the Republic of Kazakhstan:

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

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

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

3. To department of information and communications - the press service of National Bank of the Republic of Kazakhstan to provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Birtanov E. A.

5. This resolution becomes effective since December 16, 2020.

"Is approved" Ministry of Justice of the Republic of Kazakhstan

"Is approved" Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

"Is approved" Ministry of Finance of the Republic of Kazakhstan

"Is approved" Ministry of national economy of the Republic of Kazakhstan

"Is approved" Bureau of national statistics of the Agency on statistical planning and reforms of the Republic of Kazakhstan

"Is approved" Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

"Is approved" Ministry of Internal Affairs of the Republic of Kazakhstan

Appendix

to the Resolution of Board of Board of National Bank of the Republic of Kazakhstan of November 30, 2020 No. 139

The list of some regulatory legal acts of National Bank of the Republic of Kazakhstan to which changes and additions concerning payments and payment systems are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 31, 2015 No. 261 "About approval of Rules of carrying out transactions with translated and promissory notes by the banks of the second level and the organizations performing separate types of banking activities" (it is registered in the Register of state registration of regulatory legal acts at No. 13071, it is published on March 14, 2016 in information system of law of Ad_let) the following changes:

state heading in the following edition:

"About approval of Rules of carrying out transactions with translated and promissory notes the banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of carrying out transactions with translated and promissory notes by the banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities.";

in Rules of carrying out transactions with translated and promissory notes the banks of the second level and the organizations performing separate types of the banking activities approved by the specified resolution:

state heading in the following edition:

"Rules of carrying out transactions with translated and promissory notes the banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

state preamble in the following edition:

"Rules of carrying out transactions with translated and promissory notes by the banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - Rules), are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of April 28, 1997 "About circulation of bills in the Republic of Kazakhstan" (further - the Law on circulation of bills) and determine procedure for carrying out the second level by banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - banks), transactions with translated and promissory commercial bills (further - bills of exchange/bills of exchange).";

state appendix in edition according to appendix 1 to the List of some regulatory legal acts of National Bank of the Republic of Kazakhstan to which changes and additions concerning payments and payment systems are made (further - the List).

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 201 "About approval of Rules of functioning of interbank money transfer system" (it is registered in the Register of state registration of regulatory legal acts at No. 14310, it is published on October 24, 2016 in information system of law of Ad_let) the following changes and amendment:

in the Rules of functioning of interbank money transfer system approved by the specified resolution:

add with Item 1-1 of the following content:

"1-1. The requirements of Rules applied in relation to banks extend to the branches of nonresident banks of the Republic of Kazakhstan created in the territory of the Republic of Kazakhstan.";

state Item 89 in the following edition:

"89. The decision on prolongation of operational day is made till one o'clock by the division manager of the National Bank responsible for servicing of correspondent accounts of users (further - authorized division). The decision on prolongation of operational day is made over one hour by the vice-chairman of National Bank supervising authorized division (further - the vice-chairman).";

state Item 91 in the following edition:

"91. For prolongation of operational day of system till one o'clock the user submits the application for prolongation in authorized division (after preliminary oral approval), for prolongation of operational day of system over one hour the user submits the application for prolongation addressed to the vice-chairman.";

the second Item 92 to state part in the following edition:

"The statement for prolongation transferred on paper or by means of fax connection is signed by authorized persons of the user. The list of the authorized persons having right to sign of the statement for prolongation is established by the user independently based on the internal document approved by executive body and is brought to the attention of authorized division together with specimen signatures of authorized persons.".

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 202 "About approval of Rules of release, use and repayment of electronic money, and also requirements to issuers of electronic money and electronic payment systems in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 14298, it is published on October 28, 2016 in information system of law of Ad_let) the following changes and amendment:

in Rules of release, use and repayment of electronic money, and also requirements to issuers of the electronic money and electronic payment systems in the territory of the Republic of Kazakhstan approved by the specified resolution:

add with Item 1-1 of the following content:

"1-1. The requirements of Rules applied in relation to banks extend to the branches of nonresident banks of the Republic of Kazakhstan created in the territory of the Republic of Kazakhstan.";

state Item 5 in the following edition:

"5. In case of change of the name of the trademark of electronic payment system or the issuer or operator (if the issuer is not operator and to it the right to the trademark of electronic payment system does not belong) the issuer notifies in any written form National Bank of the Republic of Kazakhstan on it within ten calendar days from the date of change of the trademark of electronic payment system or the issuer or the operator.";

state appendix according to appendix 2 to the List.

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 203 "About approval of Rules of application of codes of sectors of economy and purpose of payment" (it is registered in the Register of state registration of regulatory legal acts at No. 14365, it is published on November 14, 2016 in information system of law of Ad_let) the following changes:

in the Rules of application of codes of sectors of economy and purpose of payment approved by the specified resolution:

state item 4 in the following edition:

"4. The procedure for application of codes of sectors of economy and purpose of payment established by Rules is applied:

1) in case of execution of payment documents on paper and in case of exchange of electronic documents when implementing payments and (or) money transfers;

2) when implementing the intra bank and interbank payments and (or) money transfers initiated in the territory of the Republic of Kazakhstan, which are carried out within the country, sent abroad.

On the payment entering from abroad and (or) money transfer in case of absence in the payment document of the put-down codes of sectors of economy and purpose of payment the resident bank of the Republic of Kazakhstan, branch of nonresident bank of the Republic of Kazakhstan independently puts down in information systems of bank, branch of nonresident bank of the Republic of Kazakhstan codes of sectors of economy and purpose of payment based on received on payment and (or) money transfer of documents.

On incoming payment and (or) money transfer between physical persons on system of instant payments the bank, branch of nonresident bank of the Republic of Kazakhstan of the beneficiary puts down codes of sectors of economy of the beneficiary based on data on the beneficiary.

The bank, branch of nonresident bank of the Republic of Kazakhstan of the sender of money on payments and (or) money transfers between physical persons through system of instant payments puts down the code of purpose of payment provided for system of instant payments.";

state appendix 2 in edition according to appendix 3 to the List.

5. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 204 "About approval of Rules of application of checks for the territories of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 14346, it is published on November 9, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following change and amendment:

in Rules of application of the checks for the territories of the Republic of Kazakhstan approved by the specified resolution:

add with Item 2-1 of the following content:

"2-1. The requirements of Rules applied in relation to banks extend to the branches of nonresident banks of the Republic of Kazakhstan created in the territory of the Republic of Kazakhstan.";

state Item 10 in the following edition:

"10. Acceptance and payment by the check by banks of the payee are performed based on the issuer imprisoned between bank and bank of the payee of the contract for acceptance and payment of checks.";

state appendix in edition according to appendix 4 to the List.

6. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 205 "About approval of Rules of release of payment cards, and also requirements to activities for servicing of transactions with their use in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 14299, it is published on October 26, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following change:

in Rules of release of payment cards, and also requirements to activities for servicing of the transactions with their use in the territory of the Republic of Kazakhstan approved by the specified resolution:

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

"23) ekvayer - bank, branch of nonresident bank of the Republic of Kazakhstan or the organization performing separate types of banking activities (further - bank) which according to terms of the contract with the entrepreneur and (or) to conditions of the payment document constituted at the entrepreneur when implementing payment and (or) money transfer with use of payment card should accept the money which arrived for benefit of the entrepreneur and (or) to perform other operations provided by the contract with the entrepreneur. Ekvayer is also the bank performing cash disbursement of money and (or) rendering the payment cards to holders who are not clients of this bank, other services in implementation of payments and (or) money transfers with use of payment cards;".

7. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 206 "About approval of the size of limit of payments and money transfers on correspondent accounts of the banks and organizations performing separate types of banking activities" (it is registered in the Register of state registration of regulatory legal acts at No. 14304, it is published on October 24, 2016 in information system of law of Ad_let) the following changes:

state heading in the following edition:

"About approval of the size of limit of payments and money transfers on correspondent accounts of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

state preamble in the following edition:

"According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems", for the purpose of establishment of the size of limit of payments and money transfers on correspondent accounts of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - the non-bank organizations) the Board of National Bank of the Republic of Kazakhstan DECIDES:";

state Item 1 in the following edition:

"1. Approve the size of limit of payments and money transfers of correspondent accounts of banks, branches of nonresident banks of the Republic of Kazakhstan and the non-bank organizations performed by them in current month through the correspondent accounts opened between this bank, branch of nonresident bank of the Republic of Kazakhstan or the non-bank organization, and his partners in the amount which is not exceeding five percent from the total amount of outgoing cashless payments of bank, branch of nonresident bank of the Republic of Kazakhstan and the non-bank organization performed for the last month through interbank money transfer system and system of interbank clearing less the amount of debit net line item by results of clearing in system of interbank clearing.".

8. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 207 "About approval of Rules of opening, maintaining and closing of bank accounts of clients" (it is registered in the Register of state registration of regulatory legal acts at No. 14422, it is published on November 29, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendments:

in Rules of opening, maintaining and closing of bank accounts of the clients approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of opening, maintaining and closing of bank accounts of clients (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 and the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (further - the Civil code), the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code), the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems) and determine procedure for opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan, branches of nonresident banks of the Republic of Kazakhstan and the organizations, performing opening and maintaining bank accounts of physical persons and legal entities based on the license of National Bank of the Republic of Kazakhstan (further - National Bank) and also in case the law of the Republic of Kazakhstan regulating activities of such organization provides possibility of implementation of the specified transactions without license, (further - banks).";

state item 4 in the following edition:

"4. The procedure for opening, maintaining and closing of correspondent accounts is determined by Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 209 "About approval of Rules of establishment of correspondence relations between the National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities", registered in the Register of state registration of regulatory legal acts at No. 14336, Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also banks the branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 210 "About approval of Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities" registered in the Register of state registration of regulatory legal acts at No. 14335.";

add with Item 28-3 of the following content:

"28-3. For opening of the current account for the purpose of transfer of money on expenses on management of object of condominium and contents of common property of object of condominium the client represents:

1) physical resident person of the Republic of Kazakhstan and physical nonresident person of the Republic of Kazakhstan:

identity document;

the statement containing purpose of the current account;

notarially certified power of attorney on opening of the current account and (or) the order money on it;

2) legal resident person of the Republic of Kazakhstan, submits in bank the application containing the purpose of the current account and documents provided by the subitem 3) of Item 26 of Rules.";

add with Item 32-1 of the following content:

"32-1. For opening of the savings account for the purpose of accumulating of money for capital repairs of common property of object of condominium the investor client represents to bank:

1) the physical person - resident person of the Republic of Kazakhstan and physical nonresident person of the Republic of Kazakhstan:

identity document;

the statement containing purpose of the savings account;

notarially certified power of attorney on opening of the savings account and (or) the order money on it;

2) legal resident person of the Republic of Kazakhstan, submits in bank the application containing the purpose of the savings account and documents provided by the subitem 3) of Item 32 of Rules;";

3) of Item 63 to state the subitem in the following edition:

"3) if the decision and (or) the order of authorized state body or the official on suspension of account transactions according to the bank account of the client is shown to the bank account under the agreement on educational accumulation deposit signed according to the Law of the Republic of Kazakhstan of January 14, 2013 "About the State educational accumulative system", to the bank account intended for transfer of the benefits and social payments paid from the government budget and (or) the State Social Insurance Fund, housing payments, money placed on the terms of the deposit of the notary, assets of fund of social medical insurance, money, being on bank accounts in housing construction savings banks in the form of the housing construction savings accumulated due to use of housing payments intended for transfer of money in the form of accumulatings for capital repairs of common property of object of condominium, except for penalties based on judgments on the cases on non-execution of agreement obligations concluded for the purpose of carrying out capital repairs of common property of object of condominium, and also money of the banks, the insurance (reinsurance) organizations, the Voluntary accumulation pension funds deprived by authorized state body of the license and (or) which are in process of involuntary liquidation.";

1, of 2, of 3, 4 to state appendices in edition according to appendices 5, of 6, of 7, 8 to the List.

9. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 208 "About approval of Rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 14419, it is published on December 8, 2016 in information system of law of Ad_let) the following changes and amendments:

in Rules of implementation of the cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan approved by the specified resolution:

to state part one of Item 1 in the following edition:

"1. These rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan (further - Rules) are developed according to the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code), the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems) and determine procedure of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan by the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - banks), forms and procedure for execution of payment documents, and also establish requirements to contents of the document confirming rendering payment service by banks payment agents and payment subagents of banks and payment institutes.";

add with Item 55-1 of the following content:

"55-1. Debt collection under the agreement of bank loan by payment request by the money which is on the savings bank accounts which are pledge subject of the issued bank loans in the amount of the amount of outstanding principal debt on such bank loans is not allowed.";

state Item 60 in the following edition:

"60. At the collection order of body of state revenues codes of budget classification, transaction type are in addition specified.

In the field "transaction type" codes are specified respectively:

03 - the collection order of body of state revenues exposed on the bank account of the taxpayer having debt in the budget;

04 - the collection order of body of state revenues exposed on the bank account of debtor;

07 - the collection order of body of state revenues exposed on the bank account of the agent having debt on compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions;

09 - the collection order of body of state revenues exposed on the bank account of the payer having debt on social contributions to the State Social Insurance Fund, assignments and (or) fees in fund of social medical insurance.

At collection orders of body of state revenues the non-commercial joint-stock company "The Government for Citizens state corporation is specified debt collection on compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions or social contributions to the State Social Insurance Fund, assignments and (or) fees in fund of social medical insurance in the columns "beneficiary" and "bank of the beneficiary".

The body of state revenues along with the collection order on debt collection on compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions or social contributions to the State Social Insurance Fund, assignments and (or) fees in fund of social medical insurance represents lists of workers according to which the debt was formed to bank of the sender of money. The list is submitted in bank electronically according to Item 6 of article 122 of the Tax Code.";

state Item 76 in the following edition:

"76. Write-off of money by bank from the bank account of the sender of money is made based on the payment document accepted by bank to execution or the payment document performed without the consent of the sender of money in cases, stipulated in Article 122 and 123 Tax codes, by Articles 129 and 130 of the Customs code, article 36 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks and banking activity), article 17 of the Law of the Republic of Kazakhstan of December 26, 2019 "About compulsory social insurance" (further - the Law on compulsory social insurance), article 58 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" (further - the Law on enforcement proceeding), article 28 of the Law on provision of pensions, article 31 of the Law of the Republic of Kazakhstan of November 16, 2015 "About compulsory social medical insurance", the Law on payments and payment systems and (or) bank account agreement.";

state Item 80 in the following edition:

"80. The bank of the sender of money refuses performed by the payment document cases:

1) if the payment document contains counterfeit signs, including if the payment document is transferred with violation of procedure for protective actions from unauthorized payments, the stipulated in Clause 56 Laws on payments and payment systems, Rules, the contract between the sender and bank of the sender of money;

2) if the payment document contains corrections, amendments and blots, except for:

the cases provided by articles 60-1, 61-2, 61-11 and 61-12 of the Law on banks and banking activity;

execution of earlier shown collection orders to bank accounts of the sender of money, in cases when the beneficiary is serviced in bank - the legal successor within the transactions provided by articles 60-1, 61-2, 61-11 and 61-12 of the Law on banks and banking activity. Execution of such collection orders is performed with correction of bank details of the beneficiary (IIK, the name and bank identification code of bank of the beneficiary), based on the document of the bank legal successor confirming details of the beneficiary and bank of the beneficiary;

3) discrepancies of IIK, IIN (BIN) of the sender of money to the details specified in the payment document, except for corrections of the sender of money by bank in payment documents IIK of the client in the cases provided by articles 60-1, 61-2, 61-11 and 61-12 of the Law on banks and banking activity in case of execution of the payment document from other bank accounts of the client in the cases provided by Rules;

4) discrepancies of IIN (BIN) of the sender of money specified in the payment document in tax payment and other obligatory payments in the budget, social contributions to the State Social Insurance Fund, contributions and (or) fees to fund of social medical insurance, transfer of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions, single cumulative payment with the data provided by body of state revenues;

5) non-compliance by the sender of money with requirements to procedure for creation and the presentation of the payment document established by Articles 31, of 32, of 35, of 36, of 37, 45 and 46 Laws on payments and payment systems, Rules, and also terms of the contract between the sender and bank;

6) discrepancies to the forms established by appendices 1, of 2, of 4, of 5, of 12, of 13, 14 and 15 to Rules;

7) discrepancies of the name of the client to the name of the sender of money specified in the payment document, except for the collection order shown by body of state revenues when other details (IIK, IIN (BIN) identify the client of bank, and also the collection order of the legal executive in case of identification of the client of bank according to requirements of Item 150 of Rules;

8) discrepancies of specification symbol of purpose of payment of its text part;

9) lack of digital designation of code of budget classification in case of payment of payments in the budget;

10) discrepancies of the amounts specified in the payment document, figures and copy-book;

11) discrepancies of vehicle identification number specified in the payment document with the data provided by the central executive body on traffic safety in case of tax payment on the vehicle;

12) non-compliance with the requirements established by terms of the contract between the sender and bank of the sender;

13) the currency transactions provided by Rules of implementation, Rules of export-import currency exchange control;

14) in cases when requirement about money recovery from the bank account is imposed to the bank account intended for transfer of benefits, social payments paid from the government budget and (or) the State Social Insurance Fund, housing payments, money placed on the terms of the deposit of the notary, and also opened under the agreement on the educational accumulation deposit concluded according to article 7 of the Law of the Republic of Kazakhstan of January 14, 2013 "About the State educational accumulative system" (further - the Law on the state educational accumulative system), the money which is on bank accounts in housing construction savings banks in the form of the housing construction savings accumulated due to use of housing payments;

14-1) in case requirement is imposed to the bank account intended for transfer of compensation of investment costs, according to the legislation of the Republic of Kazakhstan in the field of public-private partnership and about concessions, except for money withdrawal according to the requirements relating to the first, second and third queues according to priority, stipulated in Item 2 Articles 742 of the Civil code, and also for requirements imposed within obligation fulfillment of the private partner before the creditor, provided with right to claim under the agreement of public-private partnership, the agreement of financing under concession of monetary claim and (or) to the agreement of concession;

14-2) in cases when the payment request about collection of overdue debt according to the loan agreement is imposed to the current account intended for transfer of the alimony (the money intended on content of minors and disabled full age children);

14-3) in case requirement is imposed to the bank account on which there are accumulatings on capital repairs of common property of object of condominium, except for money withdrawal based on judgments on the cases on non-execution of agreement obligations concluded for the purpose of carrying out capital repairs of common property of object of condominium;

15) in cases if current account drawing, movement of calculations, open for accounting, for the value added tax, is not connected with:

the tax discharge on value added in the budget, including the value-added tax on import and for the nonresident;

the tax discharge on value added to suppliers of goods;

the tax discharge on value added buyers (receivers) of goods;

transfer of money for other current account opened for accounting and movement of tax amounts on value added.";

state Item 134 in the following edition:

"134. If the bank account is opened for the client for transfer of benefits, social payments paid from the government budget and (or) the State Social Insurance Fund, housing payments, the alimony (the money intended on content of minors and disabled full age children), compensations of investment costs according to the legislation of the Republic of Kazakhstan in the field of public-private partnership and about concessions of the money placed on the terms of the deposit of the notary or on the bank account in the eskrou mode and also money under the agreement on educational accumulation deposit signed according to article 7 of the Law on the state educational accumulative system, the money which is on bank accounts in housing construction savings banks in the form of the housing construction savings accumulated due to use of housing payments money in the form of accumulatings are also specified capital repairs of common property of object of condominium, data on it in certificates of availability and bank account numbers of the client.";

state Item 144 in the following edition:

"144. Collection orders according to obligations of bank are shown by the initiator in National Bank of the Republic of Kazakhstan or in corresponding bank according to Item 10 of article 27 of the Law on payments and payment systems, Rules, and according to obligations of clients - in bank in which the sender of money is serviced.";

state Item 161 in the following edition:

"161. Storage by bank of the payment documents provided in Item 154 of Rules is not obligation fulfillment on payment in accordance with the terms of payment according to the civil transaction or the obligatory payments made according to article 24 of the Tax Code, article 16 of the Law on compulsory social insurance, article 24 of the Law on provision of pensions.";

1, of 2, of 3, of 4, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, 18 to state appendices in edition according to appendices 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, of 18, of 19, of 20, of 21, of 22, of 23, of 24, 25 to the List.

10. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 209 "About approval of Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, and also the organizations performing separate types of banking activities" (it is registered in the Register of state registration of regulatory legal acts at No. 14336, it is published on November 4, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendment:

state heading in the following edition:

"About approval of Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities";

state preamble in the following edition:

"According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of March 19, 2010 "About the state statistics", of July 26, 2016 "About payments and payment systems", for the purpose of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities, the Board of National Bank of the Republic of Kazakhstan DECIDES:";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities.";

in Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, and also the organizations performing separate types of the banking activities approved by the specified resolution:

state heading in the following edition:

"Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities";

state Item 1 in the following edition:

"1. These rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities (further - Rules) are developed according to the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (further - the Civil code), the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)" (further - the Tax code), the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank), of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks and banking activity), of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Law on PODFT), of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems), of March 19, 2010 "About the state statistics", other legal acts of the Republic of Kazakhstan and regulatory legal acts of National Bank of the Republic of Kazakhstan (further - National Bank) also determine procedure for opening, maintaining and closing of correspondent accounts in national and foreign currency of banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities (further - the non-bank organizations) in National Bank.";

add with Item 1-1 of the following content:

"1-1. The requirements of Rules applied in relation to resident banks extend to the branches of nonresident banks of the Republic of Kazakhstan created in the territory of the Republic of Kazakhstan.";

state item 4 in the following edition:

"4. In Rules the concepts provided by the Law on the payments and payment systems, the Instruction on assignment, use and cancellation by National Bank of the Republic of Kazakhstan of bank identification codes, and also assignment and cancellation of the bank codes, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, and codes of branches of the banks and organizations performing separate types of banking activities, their structure, forming and maintaining the Reference book of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations, performing separate types of banking activities, the Republic of Kazakhstan approved by the resolution of Board of National Bank of October 27, 2020 No. 128, registered in the Register of state registration of regulatory legal acts at No. 21593, are used (further - the Instruction).";

2) of Item 6 to exclude the subitem;

state Item 7 in the following edition:

"7. After joining of resident bank of the Republic of Kazakhstan to the agreement of correspondent account the National Bank assigns for it individual identification code, bank identification code and bank code. The bank identification code and bank code are appropriated according to the Instruction.";

the second Item 10 to state part in the following edition:

"According to the statement of the Central (national) Bank of foreign state on receipt of participant status of payment systems the National Bank assigns for it bank code, and also the bank identification code or the Central (national) Bank of foreign state uses the bank identification code assigned according to the international standard ISO (International Organization for Standartization) 9362: Bank Identifier Code after its inclusion in the Reference book of banks according to requirements of the Instruction.";

state Item 13 in the following edition:

"13. After accession of bank (the non-bank organization) - the nonresident of the Republic of Kazakhstan to the agreement of correspondent account the National Bank assigns individual identification code.

According to the statement of bank (the non-bank organization) - the nonresident of the Republic of Kazakhstan on receipt of participant status of payment systems the National Bank assigns bank identification code or bank (the non-bank organization) - the nonresident of the Republic of Kazakhstan uses the bank identification code assigned according to the international standard ISO (International Organization for Standartization) 9362: Bank Identifier Code after its inclusion in the Reference book of banks according to the Instruction.

The National Bank according to the statement of bank (the non-bank organization) - the nonresident of the Republic of Kazakhstan assigns bank code according to the procedure, provided by the Instruction.";

2) of Item 15 to exclude the subitem;

state Item 18 in the following edition:

"18. After accession of the non-bank resident organization of the Republic of Kazakhstan to the agreement of correspondent account the National Bank assigns for it individual identification code, bank identification code and bank code. The bank identification code and bank code are appropriated according to the Instruction.";

state Item 21 in the following edition:

"21. After accession of the affiliated organization to the agreement of correspondent account the National Bank assigns for it individual identification code, bank identification code and bank code. The bank identification code and code are appropriated according to the Instruction.";

to state heading of paragraph 3 of Chapter 3 in the following edition:

"Paragraph 3. Maintaining correspondent account of the bank deprived of the license for carrying out banking activities";

state Item 74 in the following edition:

"74. When closing correspondent account the agreement of correspondent account with the subsequent cancellation of individual identification code, bank identification code and bank code (non-bank organization), in case of its assignment according to the Instruction is terminated.";

1, of 2, 3 to state appendices in edition according to appendices 26, of 27, 28 to the List.

11. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 210 "About approval of Rules of establishment of correspondence relations between banks, and also the banks and the organizations performing separate types of banking activities" (it is registered in the Register of state registration of regulatory legal acts at No. 14335, it is published on November 4, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

state heading in the following edition:

"About approval of Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

state preamble in the following edition:

"According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems", for the purpose of determination of procedure for establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities Board of National Bank of the Republic of Kazakhstan DECIDES:";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities.";

in Rules of establishment of correspondence relations between banks, and also the banks and the organizations performing separate types of the banking activities approved by the specified resolution:

state heading in the following edition:

"Rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

to state part one of Item 1 in the following edition:

"1. These rules of establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems) and determine procedure for establishment of correspondence relations between banks, branches of nonresident banks of the Republic of Kazakhstan, and also between banks, branches of nonresident banks of the Republic of Kazakhstan (further - banks) and the organizations performing separate types of banking activities (further - the non-bank organizations), except for National Bank of the Republic of Kazakhstan (further - National Bank) and nonresident banks of the Republic of Kazakhstan.".

state appendix in edition according to appendix 29 to the List.

12. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 211 "About approval of Rules of functioning of system of interbank clearing" (it is registered in the Register of state registration of regulatory legal acts at No. 14333, it is published on November 3, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following change:

in the Rules of functioning of system of interbank clearing approved by the specified resolution:

state Item 6 in the following edition:

"6. Condition for receipt of participant status is availability of the correspondent account of the participant in tenge opened in the National Bank according to the procedure established by Rules of establishment of correspondence relations between National Bank of the Republic of Kazakhstan and banks, branches of nonresident banks of the Republic of Kazakhstan, and also the organizations performing separate types of banking activities, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 209, registered in the Register of state registration of regulatory legal acts at No. 14336, (further - the Resolution), and participation of the participant in interbank system.".

13. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 212 "About approval of Rules of rendering by the banks and organizations performing separate types of banking activities, electronic banking services" (it is registered in the Register of state registration of regulatory legal acts at No. 14337, it is published on November 7, 2016 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes and amendments:

state heading in the following edition:

"About approval of Rules of rendering by banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, electronic banking services";

state preamble in the following edition:

"According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems", for the purpose of establishment of procedure for rendering by banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, electronic banking services Board of National Bank of the Republic of Kazakhstan DECIDES:";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of rendering by banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, electronic banking services (further - Rules).";

in Rules of rendering by the banks and organizations performing separate types of banking activities, the electronic banking services approved by the specified resolution:

state heading in the following edition:

"Rules of rendering by banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, electronic banking services";

to state part one of Item 1 in the following edition:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info