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

of December 23, 2020 No. 127

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

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan 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 additions are made, according to appendix to this resolution (further - the List).

2. To provide to department of the insurance market and actuarial calculations 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.

3. 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.

4. This resolution becomes effective after ten calendar days after day of its first official publication.

"Is approved" Ministry for Culture and Sports 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 strategic planning and reforms of the Republic of Kazakhstan

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

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of December 23, 2020 No. 127

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes and additions are made

1. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of June 25, 2007 No. 177 "About approval of Requirements to organization activity on forming and maintaining the database" (it is registered in the Register of state registration of regulatory legal acts at No. 4860) the following changes:

in the Requirements to organization activity on forming and maintaining the database approved by the specified resolution:

preamble of Requirements of the resolution to state in the following edition:

"These Requirements to organization activity on forming and maintaining the database (further - Requirements) are developed according to the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further - the Law on insurance activity) and establish requirements to organization activity on forming and maintaining the database (further - the Organization), including requirements to information process, forming of security system and establishment of the minimum requirements to the electronic equipment, safety of the single database on insurance (further - the database), and to rooms.

Collection, processing and personal data protection according to Requirements are performed according to the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection".";

state Items 11 and 11-1 in the following edition:

"11. The supplier of information specified in the subitem 1) of Item 3 of article 80 of the Law on insurance activity in real time represents to the Organization of the data, Boards of National Bank of the Republic of Kazakhstan provided by the resolution of October 29, 2018 No. 269 "About establishment of Requirements for content and execution of insurance policies", registered in the Register of state registration of regulatory legal acts at No. 17806.

11-1. On temporarily driving (imported) vehicles on the territory of the Republic of Kazakhstan in case of the conclusion of the agreement of compulsory insurance of civil responsibility of owners of vehicles by the supplier of information specified in the subitem 1) of Item 3 of article 80 of the Law on insurance activity the following data in real time are represented:

1) insurance agreement type (standard, complex);

2) the unique agreement number of insurance assigned by the Organization;

3) effective period of the insurance policy;

4) information about the applicant:

surname, name, middle name (in case of its availability), birth date, the residence (for physical person);

series, number, date of issue of the car driver license, driving years of service (for physical person);

the name, the location (for the legal entity);

residence sign (resident or nonresident of the Republic of Kazakhstan);

5) data on the vehicle:

the document confirming vehicle registration for the term of import;

vehicle type according to the Law of the Republic of Kazakhstan of July 1, 2003 "About compulsory insurance of civil responsibility of owners of vehicles" (further - the Law on compulsory insurance);

year of release;

number of body;

6) data about insured (insured):

surname, name, middle name (in case of its availability), birth date, the residence;

series, number, date of issue of the car driver license, driving years of service;

7) data on insurance agent:

surname, name, middle name (in case of its availability), contact phone number and individual identification number of insurance agent (if it is the physical person) or its name, the location, contact phone number and business and identification number (if him is the legal entity);

specifying about availability or lack of the commission fee which is due to insurance agent.".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 133 "About approval of the Instruction for voluntary liquidation of the insurance (reinsurance) organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 7662) the following changes:

in the Instruction for the voluntary liquidation of the insurance (reinsurance) organizations approved by the specified resolution:

state Item 11 in the following edition:

"11. The work plan is constituted for year with breakdown for half-year and is provided for data in authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) within 20 (twenty) working days from the date of the creation of liquidation commission not later than 10 (tenth) preceding the planned period.

Information on execution of the work plan is provided by liquidation commission in authorized body following the results of half-year.";

3) of Item 13 to state the subitem in the following edition:

"3) informs the Government for Citizens State corporation performing registration of legal entities, and tax authorities about the beginning of voluntary liquidation of the insurance (reinsurance) organization;";

state Item 33 in the following edition:

"33. Expenses on departure of staff of liquidation commission in business trips are performed within the means provided in the estimate of liquidating expenses.";

state Item 64 in the following edition:

"64. At the end of the working day the cashier based on receipt and cash payment orders constitutes the summary certificate of cash turnovers in day and remaining balance of values, according to requirements of the resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2019 No. 231 "About approval of Rules of implementation of cash transactions and transactions on collection of banknotes, coins and values in banks of the second level, the National operator of mail and legal entities whose exclusive activities is collection of banknotes, of coins and values", registered in the Register of state registration of regulatory legal acts at No. 19680, and verifies its results with accounting data. The reconciliation is certified by signatures of the cashier and chief accountant of liquidation commission.".

3. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of March 1, 2010 No. 25 "About approval of Requirements to implementation of insurance activity by insurance company, including on relations with participants of the insurance market, and power of insurance agent on implementation of intermediary activities in the insurance market" (it is registered in the Register of state registration of regulatory legal acts at No. 6164) the following changes and amendments:

state heading in the following edition:

"About approval of Requirements to implementation of insurance activity by insurance company, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of insurance agents and requirements to procedure for carrying out training";

state Item 1 in the following edition:

"1. Approve the enclosed Requirements to implementation of insurance activity by insurance company, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of insurance agents and the requirement to procedure for carrying out training (further - Requirements).";

in Requirements to implementation of insurance activity by insurance company, including on relations with participants of the insurance market, and the powers of insurance agent on implementation of intermediary activities in the insurance market approved by the specified resolution:

state heading in the following edition:

"Requirements to implementation of insurance activity by insurance company, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of insurance agents and the requirement to procedure for carrying out training";

state Item 1 in the following edition:

"1. These Requirements to implementation of insurance activity by insurance company, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of insurance agents and the requirement to procedure for carrying out training (further - Requirements) are developed according to articles 11-1, 18 and 18-1 of the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" (further - the Law) for the purpose of settlement of the processes arising in case of the conclusion and execution of insurance contracts including when implementing by insurance agent of intermediary activities for the conclusion of insurance contracts for and on behalf of insurance company.

Collection, processing and personal data protection according to Requirements are performed according to the Law of the Republic of Kazakhstan of May 21, 2013 "About personal data and their protection".";

in Item 3 part one:

the paragraph one to state in the following edition:

"3. The organization of process of the conclusion by insurance company or insurance agent of the insurance contract with the insurer includes the following stages:";

2) to state the subitem in the following edition:

"2) if the insurance contract is signed in the form of the agreement of accession - provision of the copy of rules of insurance on paper or the direction to the insurer of the electronic (scanned) copy of rules of insurance or the reference to publications of rules of insurance on Internet resource of insurance company or Internet resource of the partner of insurance company (at the choice of the insurer);";

4) and 5) to state subitems in the following edition:

"4) filling of the statement based on which the insurance contract (in the presence of requirements in rules of insurance or in the laws of the Republic of Kazakhstan "About compulsory insurance of civil responsibility of owners of vehicles" of July 1, 2003, "About compulsory insurance of civil responsibility of carrier to passengers" of July 1, 2003, "About compulsory insurance of civil responsibility of private notaries" of June 11, 2003, "About compulsory insurance of civil responsibility of auditing organizations" of June 13, 2003, "About compulsory insurance of the tourist" of December 31, 2003, "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" of February 07, 2005, "About compulsory insurance of civil responsibility of owners of objects is signed, which activities are connected with danger of damnification to the third parties" of July 07, 2004, "About compulsory ecological insurance" of the December 13, 2005 (further - the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance)) including containing mark about acquaintance of the insurer with insurance conditions;

5) survey and (or) assessment of object of insurance (medical examination under agreements of personal insurance), including with involvement of specialists for its carrying out (if necessary). When carrying out survey of object of insurance the relevant statement in the form provided by internal documents of the insurer is drawn up;";

7) to state the subitem in the following edition:

"7) decision making about possibility of the conclusion of the insurance contract, except for agreements of compulsory insurance which types, conditions and procedure are established by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance, by implementation of verification of the data and documents concerning object of insurance reported by the insurer, for risk degree assessment in time, established by internal regulations of insurance company;";

10) and 11) to state subitems in the following edition:

"10) insurance premium (insurance premium) which is subject to payment by the insurer:

in cash desk of the insurer with receipt of the fiscal check;

to insurance agent - physical person, with receipt of the supporting document about payment of insurance premium;

to insurance agent - the legal entity, with receipt of the fiscal check;

in the non-cash way;

11) execution of the insurance policy (the conclusion of the agreement of accession) or creation of the separate insurance contract taking into account requirements of the legislation of the Republic of Kazakhstan about insurance and insurance activity with indication of information on insurance agent;";

the second item 4 to state part in the following edition:

"The insurance contract signed by way of joining of the insurer to standard conditions (rules of insurance) developed by the insurer unilaterally (the agreement of accession) and registrations by the insurer to the insurer of the insurance policy, stops the action ahead of schedule in case of change of the conditions and data specified in it.";

state Item 5 in the following edition:

"5. Concerning everyone the signed insurance contract the insurance company creates insurance case, requirements to content which are established by the resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2018 No. 198 "About approval of Rules of forming of risk management system and internal control for the insurance (reinsurance) organizations", registered in the Register of state registration of regulatory legal acts at No. 17462.";

state Items 6 and 7 in the following edition:

"6. The organization of process of execution by insurance company of the insurance contract includes the following stages:

1) fixation of the data on insurance event and (or) insured event by the ranking officer of insurance company in register of losses, under advice the insurer of the insurer about insurance event and (or) insured event if this obligation is provided by the insurance contract (rules of insurance);

2) adoption of the statement for implementation of insurance payment in written or electronic form with application of documents, provided by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance or the insurance contract (rules of insurance), from the applicant (the insurer, insured, the beneficiary or their representatives).

The statement for implementation of insurance payment contains the following information about the beneficiary:

surname, name, middle name (in case of its availability);

residence;

contact telephone numbers;

procedure for receipt of insurance payment - cash or way of transfer to the bank account;

bank details (if necessary);

the data provided by the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance or internal regulations of insurance company;

3) verification of the documents submitted by the applicant (the insurer, insured, the beneficiary or their representatives) on receipt of insurance payment, on compliance to requirements of the insurance contract (rules of insurance) or the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance including on availability of complete document package;

4) verification of presence of receivables of the insurer on payment of insurance premium (insurance premiums);

5) survey of the damaged property if this right is provided by the insurance contract (rules of insurance) or the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance;

6) clarification of the reasons and circumstances of approach of insurance event, and also confirmation of causal relationship between insurance event and insured event based on the documents submitted by the applicant and also obtaining from the applicant of the authentic data important for determination of insured event;

7) the organization or determination of the extent of damage suffered according to the procedure and the terms established by the insurance contract (rules of insurance) or the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance;

8) decision making about implementation of insurance payment or refusal in its implementation fully or partially on the bases provided by the insurance contract (rules of insurance) or the civil legislation of the Republic of Kazakhstan;

9) the direction in written or electronic form to the applicant in the terms established by the insurance contract (rules of insurance) or the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance, the relevant decision about complete or partial refusal in insurance payment with motivated reasons for causes of failure;

10) implementation of insurance payment in the amount of, procedure and the terms established by the insurance contract (rules of insurance) or the separate legal acts of the Republic of Kazakhstan regulating obligatory types of insurance, cash or way of transfer to the bank account according to the statement for implementation of insurance payment;

11) compensation to the insurer (insured) or other person of the expenses incurred by it for the purpose of prevention or reduction of losses in case of insured event if such expenses were necessary or were carried out for accomplishment of instructions of insurance company.

7. For the conclusion of the agreement of the order the physical person or legal entity submits the application in any form in insurance company with application of documents, provided by internal documents of insurance company.";

state Items 8 and 8-1 in the following edition:

"8. After the conclusion of the contract of the order with insurance agent insurance company:

1) includes information on insurance agent in the register of insurance agents in form according to appendix 2 to Requirements which conducting is performed by the ranking officer of insurance company electronically;

2) no later than 1 (one) working day following behind day of the conclusion of the agreement of the order sends electronically information on the insurance agent included in the register of insurance agents in form according to appendix 2 to Requirements to the organization for forming and maintaining the database with the state participation;

3) will be organized by training of insurance agent, including concerning counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

In case of agreement cancelation of the order with insurance agent the insurance company no later than 1 (one) working day following behind day of agreement cancelation of the order sends the relevant information electronically to the organization for forming and maintaining the database with the state participation.

8-1. The register of insurance agents is subject to submission to authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) quarterly, no later than the fifth working day of the month following reporting quarter on the electronic medium with use of transport system of the guaranteed delivery of information with cryptographic remedies providing confidentiality and not adjustability of the represented data.

The register of insurance agents is signed by the first head of insurance company (for its absence - person, it replacing) and stored on paper at insurance company. Upon the demand of authorized body the insurance company no later than 2 (two) working days from the date of receipt of request represents the reporting on paper.

The insurance agent, being the legal entity, keeps the list of workers to whose job responsibilities the conclusion of insurance contracts, in form according to appendix 2-1 to Requirements belongs.";

state Item 12 in the following edition:

"12. The procedure for documentation, management of documentation and document storages in the insurance (reinsurance) organizations, insurance brokers and insurance agents - legal entities, actuaries and insurance agents - physical persons is determined according to the resolution of Board of National Bank of the Republic of Kazakhstan of August 8, 2016 No. 171 "About approval of Storage precautions of the documents which are subject to obligatory storage by professional participants of the insurance market, the insurance agents performing business activity, and Lists of the documents which are subject to obligatory storage, and terms of their storage by professional participants of the insurance market, the insurance agents performing business activity", registered in the Register of state registration of regulatory legal acts at No. 14309.";

the second Item 16 to state part in the following edition:

"The size of commission fee is established by the agreement of the order.";

1) of Item 18 to state the subitem in the following edition:

"1) registration by insurance agent to the insurer of the insurance policy (in case of the conclusion of the agreement of accession) according to the requirements established by the resolution of Board of National Bank of the Republic of Kazakhstan of October 29, 2018 No. 269 "About establishment of Requirements for the content and execution of insurance policies" registered in the Register of state registration of regulatory legal acts at No. 17806;";

exclude Item 19;

state Item 21 in the following edition:

"21. The minimum training program of insurance agents (for insurance companies on industry "general insurance") is provided by appendix 5 to Requirements, the minimum training program of insurance agents (for insurance company on industry "life insurance") is provided by appendix 6 to Requirements. The insurance company at discretion supplements the training program of insurance agents with the additional disciplines concerning questions of intermediary activities.";

add with Item 28 of the following content:

"28. In case of independent carrying out by the insurance agent which is the financial organization, training and examination of the workers on knowledge of the minimum training program of insurance agents (for insurance companies on industry "general insurance") provided by appendix 5 to Requirements and the minimum training program of insurance agents (for insurance companies on industry "life insurance") provided by appendix 6 to Requirements, the insurance agent which is the financial organization grants to workers the certificate on passing of examination in the minimum training program of insurance agents in form, according to appendix 7 to Requirements.

The insurance agent which is the financial organization within 3 (three) working days from the date of inclusion of the worker in the list of workers to whose job responsibilities the conclusion of insurance contracts belongs sends the copy of the certificate on passing of examination in the minimum training program of insurance agents to insurance company.";

to state the text in the right upper corner of appendix 1 in the following edition:

"Appendix 1

to Requirements to implementation of insurance activity by insurance company, including in relations with participants of the insurance market, to the contract of the order signed between insurance company and insurance agent and powers of insurance agent for implementation of intermediary activities in the insurance market, and also the minimum training program of insurance agents and to requirements to procedure for carrying out training";

To state the register of insurance agents according to appendix 2 in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes and additions are made (further - the List);

add with appendix 2-1 according to appendix 2 to the List;

To state register of the forms of insurance policies (FIP) according to appendix 3 in edition according to appendix 3 to the List;

To state the activities report of insurance agent according to appendix 4 in edition according to appendix 4 to the List;

According to appendix 5 to state the minimum training program of insurance agents (for insurance companies on industry "general insurance") in edition according to appendix 5 to the List;

According to appendix 6 to state the minimum training program of insurance agents (for insurance company on industry "life insurance") in edition according to appendix 6 to the List;

In form according to appendix 7 to state the certificate on passing of examination in the minimum training program of insurance agents in edition according to appendix 7 to the List.

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of September 21, 2012 No. 298 "About approval of Rules of implementation transfer - agency activities in the security market" (it is registered in the Register of state registration of regulatory legal acts at No. 8051, it is published on November 14, 2012 in the Kazakhstanskaya Pravda newspaper No. 394-395 (27213-27214)) the following changes:

in Rules of implementation transfer - agency activities in the security market, approved by the specified resolution:

in Item 5:

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

"the document containing notarially attested specimen signatures of representatives of the professional participant of the security market - the client transfer agent, having rights to sign documents on behalf of the professional participant of the security market - the client transfer agent;";

3) to state subitem paragraph two in the following edition:

"the document containing notarially attested specimen signatures of the representatives of the legal entity having rights to sign documents from his name;";

to state part one of Item 17 in the following edition:

"17. In case of receipt of the documents (information) intended for their transfer, the transfer agent verifies signatures on them with the samples which are available in the documents specified subitem in paragraph four 1), the subitem 2) and the paragraph the second the subitem 3) of Item 5 of Rules and also checks for completeness and correctness of filling with persons using or intended to use services of the professional participant of the security market - the client transfer agent, the order on transactions in the security market according to the instructions (explanations, instructions) provided by the professional participant of the security market.".

5. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2013 No. 234 "About approval of form of the standard custodial agreement signed between bank custodian and the Voluntary accumulation pension fund" (it is registered in the Register of state registration of regulatory legal acts at No. 8795, the following change is published on November 15, 2013 in the Yuridicheskaya Gazeta newspaper No. 172 (2547)):

in the form of the Standard custodial agreement signed between bank custodian and the Voluntary accumulation pension fund, approved by the specified resolution:

State the Section 14 "Details and Signatures of the Parties" in the following edition:

"14. Details and signatures of the parties

Fund	Kayostoyodiyoan
_______________________________________ _______________________________________ _______________________________________ (Fonyod's rekyoviyoziyota, bizyones-idenyotiyofiyokayotsiyoonyony noyomer, pochyotoyovy ад­рес, teyoleyofoyona, banyokovyosky idenyotiyofiyokayotsiyoonyony code, inyodiyoviyoduyoalyyony idenyotiyofiyokayotsiyoonyony code, code of beyoneyofiyotsiyoayor)	________________________________________ ________________________________________ _________________________________________ (Kayostoyodiyoayon's rekyoviyoziyota, bizyones-idenyotiyofiyokayotsiyoonyony noyomer, pochyotoyovy ад­рес, teyoleyofoyona, banyokovyosky idenyotiyofiyokayotsiyoonyony code, inyodiyoviyoduyoalyyony idenyotiyofiyokayotsiyoonyony code, code of beyoneyofiyotsiyoayor)
_________________________________ (fayomiyoliya, name, otyocheyostvo (in case of its nayoliyochiya) пред­ста­ви­те­ля Fonyoda, под­пись) ______________________________	__________________________________ (fayomiyoliya, name, otyocheyostvo (in case of its nayoliyochiya) пред­ста­ви­те­ля Kayostoyodiyoayona, под­пись) ______________________________".

 

6. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of April 23, 2014 No. 67 "About approval of forms of standard custodial agreements" (it is registered in the Register of state registration of regulatory legal acts at No. 9487, it is published on June 16, 2014 in information system of law of Ad_let) the following changes:

in the form of the Standard custodial agreement signed between bank custodian and special finance company, and also with managing investment portfolio, approved by the specified resolution:

state the Section 12 "Details and Signatures of the Parties" in the following edition:

"12. Details and signatures of the parties

Komyopayoniya

Upravyolyayoyuyoshchy

________________________________ ________________________________ _______________________________ (Komyopayoniya's rekyoviyoziyota, bizyones-idenyotiyofiyokayotsiyoonyony noyomer, pochyotoyovy ад­рес, teyoleyofoyona, banyokovyosky idenyotiyofiyokayotsiyoonyony code, inyodiyoviyoduyoalyyony idenyotiyofiyokayotsiyoonyony code, code of beyoneyofiyotsiyoayor) _________________________________ (dolzhyonost, под­пись пред­ста­ви­те­ля Komyopayoniya)

_______________________________ _______________________________ _______________________________ (Upravyolyayoyuyoshcheyogo's rekyoviyoziyota, bizyones-idenyotiyofiyokayotsiyoonyony noyomer, teyoleyofoyona, pochyotoyovy ад­рес, banyokovyosky idenyotiyofiyokayotsiyoonyony code, inyodiyoviyoduyoalyyony idenyotiyofiyokayotsiyoonyony code, code of beyoneyofiyotsiyoayor) ________________________________ (dolzhyonost, под­пись пред­ста­ви­те­ля Upravyolyayoyuyoshcheyogo)

Custodian

________________________________________________________________________________

________________________________________________________________________________

(details of Custodian, postal address, phones, bank identification code,

                      individual identification code, code of the beneficiary)

________________________________________________________________________________

                             (position, signature of the representative of Custodian)";

in the form of the Standard custodial agreement signed between bank custodian and the special finance company approved by the specified resolution:

state the Section 12 "Details and Signatures of the Parties" in the following edition:

"12. Details and signatures of the parties

Komyopayoniya

Kayostoyodiyoan

__________________________________ __________________________________ __________________________________ (Komyopayoniya's rekyoviyoziyota, bizyones-idenyotiyofiyokayotsiyoonyony noyomer, pochyotoyovy ад­рес, teyoleyofoyona, banyokovyosky idenyotiyofiyokayotsiyoonyony code, inyodiyoviyoduyoalyyony idenyotiyofiyokayotsiyoonyony code, code of beyoneyofiyotsiyoayor) __________________________________ (dolzhyonost, под­пись пред­ста­ви­те­ля Komyopayoniya)

__________________________________ __________________________________ __________________________________ (Kayostoyodiyoayon's rekyoviyoziyota, bizyones-idenyotiyofiyokayotsiyoonyony noyomer, teyoleyofoyona, pochyotoyovy ад­рес, banyokovyosky idenyotiyofiyokayotsiyoonyony code, inyodiyoviyoduyoalyyony idenyotiyofiyokayotsiyoonyony code, code of beyoneyofiyotsiyoayor) __________________________________ (dolzhyonost, под­пись пред­ста­ви­те­ля Kayostoyodiyoayona)".

 

7. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of May 27, 2015 No. 88 "About approval of Rules of forming, accounting, use and distribution of Islamic insurance fund" (it is registered in the Register of state registration of regulatory legal acts at No. 11650, it is published on July 24, 2015 in information system of law of Ad_let) the following change:

in the Rules of forming, accounting, use and distribution of Islamic insurance fund approved by the specified resolution:

5) of item 4 to state the subitem in the following edition:

"5) obligation fulfillment on tax payment and other obligatory payments in the budget provided by the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code);".

8. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 65 "About approval of forms, terms and frequency of provision by liquidation commissions voluntarily and compulsorily liquidated insurance (reinsurance) organizations of reports and the additional information" (it is registered in the Register of state registration of regulatory legal acts at No. 13638, it is published on May 16, 2016 in information system of law of Ad_let) the following changes:

state Item 3 in the following edition:

"3. The daily report is submitted in authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) within one year after receipt of permission to voluntary liquidation of the insurance (reinsurance) organization or the introduction in legal force of the judgment about involuntary liquidation of the insurance (reinsurance) organization by means of fax or electronic communication in the following terms:

1) in case of absence at liquidation commission of divisions - no later than 11:00 hours of time of the city of Nour-Sultan of the working day following behind reporting day;

2) in the presence at liquidation commission of divisions - no later than 16:00 hours of time of the city of Nour-Sultan of the working day following behind reporting day.

The monthly report is submitted in authorized body:

in case of absence at liquidation commission of divisions - no later than 6 (sixth) following for reporting;

in the presence at liquidation commission of divisions - no later than 8 (eighth) following for reporting.

The annual statement is submitted in authorized body:

in case of absence at liquidation commission of divisions - not later 25 on the (twenty fifth) of January the year following for reporting;

in the presence at liquidation commission of divisions - not later 30 on the (thirtieth) of January the year following for reporting.";

the second Item 9 to state part in the following edition:

"Originals of documents within 5 (five) working days are subject to return to liquidation commission in case of involuntary liquidation after approval, and in case of voluntary liquidation - after consideration of the interim liquidation balance sheet by authorized body.";

state Item 10 in the following edition:

"10. The liquidation commission within 5 (five) working days from expiry date of creation of the interim liquidation balance sheet represents it with forms of the reporting and documents in duplicate to authorized body in case of involuntary liquidation for its approval, and in case of voluntary liquidation before approval of the insurance (reinsurance) organization by general shareholder meeting - for consideration.";

state Item 12 in the following edition:

"12. The liquidation commission represents to authorized body for approval (in case of involuntary liquidation) or considerations before approval by general shareholder meeting of the liquidated insurance (reinsurance) organization (in case of voluntary liquidation) changes and (or) amendments in the register of requirements of creditors created in duplicate and the balance sheet with appendix:

1) the explanatory note about the reasons of modification and (or) amendments in the register of requirements of creditors and copies of the documents certifying their justification;

2) disaggregations of balance sheet items of the liquidated insurance (reinsurance) organization with indication of accounts.

The authorized body within 15 (fifteen) calendar days claims (in case of involuntary liquidation) or considers (in case of voluntary liquidation) changes and (or) amendments in the register of requirements of creditors.

After approval (in case of involuntary liquidation) or considerations (in case of voluntary liquidation) changes and (or) amendments in the register of requirements of creditors one copy of this document is subject to return to liquidation commission, and the second remains in authorized body.

The copy of approved changes and (or) amendments in the register of requirements of creditors of voluntarily liquidated insurance (reinsurance) organization is submitted in authorized body for data within 2 (two) working days after date of their approval by general shareholder meeting of the liquidated insurance (reinsurance) organization.";

state Items 14 and 15 in the following edition:

"14. The report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization provided by the subitem 27) of Item 1 of this resolution are represented in one copy to authorized body for review (in case of involuntary liquidation) or considerations before approval by general shareholder meeting of the liquidated insurance (reinsurance) organization (in case of voluntary liquidation).

The authorized body approves (in case of involuntary liquidation) or considers (in case of voluntary liquidation) the report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization within 30 (thirty) calendar days from the date of their receipt.

The report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization after approval (in case of involuntary liquidation) or considerations (in case of voluntary liquidation) return to liquidation commission, in authorized body there is their copy.

15. Liquidation commission:

1) compulsorily liquidated insurance (reinsurance) organization within 5 (five) working days after approval of authorized body submits the report on liquidation and the liquidation balance sheet of the insurance (reinsurance) organization in court for approval;

2) voluntarily liquidated insurance (reinsurance) organization within 10 (ten) working days after consideration by authorized body is submitted by the report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization for approval of general shareholder meeting.

The liquidation commission of compulsorily liquidated insurance (reinsurance) organization after submission of the report on liquidation into court monthly brings into authorized body information on the course of its consideration in court.

The liquidation commission represents to the copy approved the report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization to authorized body in the terms established by the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity".";

To state the report on off-balance accounts of the liquidated insurance (reinsurance) organization on form according to appendix 1 in edition according to appendix 9 to the List;

In form according to appendix 2 to state the status report of assets of the liquidated insurance (reinsurance) organization in edition according to appendix 10 to the List;

In form according to appendix 3 to state the status report of obligations of the liquidated insurance company in edition according to appendix 11 to the List;

The status report of obligations of the liquidated reinsurance organization for form according to appendix 4 to state in edition according to appendix 12 to the List;

To state the report on movement of money of the liquidated insurance (reinsurance) organization on the current account in tenge in form according to appendix 5 in edition according to appendix 13 to the List;

To state the report on movement of money of the liquidated insurance (reinsurance) organization on the current account in foreign currency in form according to appendix 6 in edition according to appendix 14 to the List;

To state the report on movement of money of the liquidated insurance (reinsurance) organization on cash desk in tenge in form according to appendix 7 in edition according to appendix 15 to the List;

To state the report on collection of receivables of the liquidated insurance (reinsurance) organization on form according to appendix 8 in edition according to appendix 16 to the List;

In form according to appendix 9 to state the status report of own property of the liquidated insurance (reinsurance) organization in edition according to appendix 17 to the List;

The expense statement, made by liquidation commission of the liquidated insurance (reinsurance) organization, in form according to appendix 10 to state in edition according to appendix 18 to the List;

On form according to appendix 11 to state the report on the property which is handed over by liquidation commission of the liquidated insurance (reinsurance) organization in lease in edition according to appendix 19 to the List;

To state the report on the number of employees of liquidation commission of the liquidated insurance (reinsurance) organization on form according to appendix 12 in edition according to appendix 20 to the List;

Register of requirements of the creditors of the liquidated insurance (reinsurance) organization declared after the expiration of fixed term for presentation of claims (statements) which are not included in the register of requirements of creditors in form according to appendix 13 to state in edition according to appendix 21 to the List;

To state the report on the brought criminal cases concerning leading employees, debtors of the liquidated insurance (reinsurance) organization, the chairman, members or employees of liquidation commission of the liquidated insurance (reinsurance) organization in form according to appendix 14 in edition according to appendix 22 to the List;

In form according to appendix 15 to state the interim liquidation balance sheet in edition according to appendix 23 to the List;

To state the list of creditors of the liquidated insurance (reinsurance) organization for the beginning of liquidating process in form according to appendix 16 in edition according to appendix 24 to the List;

Declared by creditors of the liquidated insurance (reinsurance) organization of claims (statements) in form according to appendix 17 to state register in edition according to appendix 25 to the List;

In form according to appendix 18 to state register of unclaimed accounts payable of the liquidated insurance (reinsurance) organization in edition according to appendix 26 to the List;

In form according to appendix 19 to state register of own property of the liquidated insurance (reinsurance) organization in edition according to appendix 27 to the List;

In form according to appendix 20 to state register of receivables of the liquidated insurance (reinsurance) organization in edition according to appendix 28 to the List;

To state the report on off-balance accounts of the liquidated insurance (reinsurance) organization on form according to appendix 21 in edition according to appendix 29 to the List;

In form according to appendix 22 to state the register of requirements of the creditors included in the interim liquidation balance sheet of the liquidated insurance company in edition according to appendix 30 to the List;

In form according to appendix 23 to state the register of requirements of the creditors included in the interim liquidation balance sheet of the reinsurance organization in edition according to appendix 31 to the List;

To state data on the available variations of data of the interim liquidation balance sheet of the liquidated insurance (reinsurance) organization in comparison with balance for the beginning of liquidating process in form according to appendix 24 in edition according to appendix 32 to the List;

Changes and (or) amendments in the register of requirements of the creditors included in the interim liquidation balance sheet of the liquidated insurance company in form according to appendix 25 to state in edition according to appendix 33 to the List;

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