of May 5, 2020 No. 62, on May 5, 2020 No. 56
About approval of Rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan
According to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", Presidential decrees of the Republic of Kazakhstan of March 15, 2020 No. 285 "About introduction of emergency state in the Republic of Kazakhstan" and of March 16, 2020 No. 286 "About measures for ensuring social and economic stability" for the purpose of determination of procedure for provision by National Bank of the Republic of Kazakhstan of loans of final instance Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market and Board of National Bank of the Republic of Kazakhstan is DECIDED:
1. Approve the enclosed Rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan.
2. To provide to department of financial stability and researches of National Bank of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:
1) together with Legal department of National Bank of the Republic of Kazakhstan state registration of this joint resolution in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this joint 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 joint resolution submission to Legal department of National Bank of the Republic of Kazakhstan 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 joint resolution the direction it to the copy on official publication in periodic printing editions.
4. To impose control of execution of this joint resolution on the vice-chairman of the National Bank of the Republic of Kazakhstan supervising division of financial stability and researches.
5. This joint resolution becomes effective from the date of its first official publication.
|
The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market |
__________ M. Abylkasymova |
|
Chairman of National Bank of the Republic of Kazakhstan |
__________ E.Dosayev |
No. 56, No. 62 are approved on May 5, 2020 by the joint Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market and Board of National Bank of the Republic of Kazakhstan of May 5, 2020
1. These rules about the loans of final instance granted by National Bank of the Republic of Kazakhstan (further – Rules), are developed according to the laws of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" (further – the Law on National Bank), "About state regulation, control and supervision of the financial market and the financial organizations" (further – the Law on state regulation) and determine procedure for provision by National Bank of the Republic of Kazakhstan (further – National Bank) loans of final instance (further – loan, loans) to banks of the second level (further – bank).
2. In Rules the following concepts are used:
1) balance sheet debt – the balance sheet debt on the agreements of bank loan signed between borrowers of bank and bank (further – the agreement of bank loan), including principal debt, the added remuneration, discount (awards), adjustments and provisions;
2) risk metrics of bank loans – parameters of calculation of the expected credit losses for financial instruments: probability of default (PD), the wastage rate in case of approach of default (LGD), the amount of obligations at the time of default (EAD), factor of discounting (Dt), according to internal methodology of banks;
3) portfolio of homogeneous bank loans – group of bank loans with similar characteristics of credit risk;
4) discount – the percent established by National Bank according to article 51-3 of the Law on National Bank by which the asset cost of bank decreases, provided as a deposit, for the purpose of decrease in the risks connected with their possible impairment, loss and also which considers in the presence pledge subject selling costs, to content of subject of pledge, expenses on debt collection of bank and other possible expenses connected with the granted loan;
5) individual bank loans – the loans granted by banks on which provisions (reserves) are calculated bank on each such loan;
6) pledge preposition – preliminary procedure for determination by authorized body for regulation, control and supervision of the financial market and the financial organizations (further – authorized body) the non-market assets of bank acceptable for acceptance by National Bank as a deposit, in case of provision to bank of loan;
7) the list of non-market assets for acceptance as a deposit – the list containing data on the non-market assets which are in bullet of providing and acceptable for acceptance by National Bank as ensuring execution by bank of obligations on loan;
8) providing pool – set of the non-market assets which passed pledge preposition;
9) the plan of funding – the document of bank containing information on the actual and predicted inflows, including the amount of the loan planned to obtaining, and outflows of money of bank during the expected term of attraction of loan testimonial of capability of bank to extinguish loan, to optimize financial, investment and operational flows on the fastest recovery and further to provide observance of prudential standard rates;
10) market assets – highly liquid and low-risk debt securities;
11) non-market assets – the rights (requirement) for agreements of bank loan;
12) idiosyncratic shock of liquidity – mass requirements of depositors and creditors, except for requirements of faces tied with bank the special relations, the requirements of depositors and creditors leading to liquidity deficit in bank and caused by loss of trust to meet to capability of bank;
13) short-term liquidity deficit – decrease in amount of highly liquid assets to level in case of which prudential standard rates are violated and (or) arises threat of non-execution of requirements of depositors and creditors, connected with approach of idiosyncratic shock of liquidity;
14) the agreement on general terms of provision of loan of final instance – the agreement providing general terms of preposition of pledge and provision of loan which are single for all banks, and signed between National Bank, authorized body and bank;
15) regular AQR – the annual quality evaluation of assets and contingent (possible) obligations of banks performed within risk - the oriented supervision;
16) perimeter of regular AQR – the list of banks for carrying out regular AQR approved by Council for financial stability of the Republic of Kazakhstan.
3. The loan is granted by National Bank to bank for the purpose of ensuring stability of financial system of the Republic of Kazakhstan and the prevention of systemic risks.
4. The loan granted by National Bank is used for covering of short-term liquidity deficit of bank and is not the instrument of maintenance of its solvency.
5. The National Bank grants loan to bank according to the procedure and on the conditions specified in article 51-3 of the Law on National Bank and Rules.
6. The National Bank and authorized body perform exchange of information, the data and documents necessary for realization of procedure for granting of loans according to article 51-3 of the Law on National Bank and Item 5 of article 9 of the Law on state regulation according to the procedure and the terms provided by Rules.
7. Provision of documents, information and (or) the data provided by Rules is performed in electronic format, except as specified need of their provision on paper.
Exchange between bank, National Bank and authorized body of the documents, information and (or) data provided by Rules is performed in electronic format from the date of the direction by National Bank of such notification.
8. The bank bears responsibility for reliability of the submitted documents, information and (or) the data provided by Rules according to the legislation of the Republic of Kazakhstan.
9. The National Bank grants loan to the bank having short-term liquidity deficit and meeting in total the following conditions:
1) the bank is not referred to category of banks with the unstable financial position creating threat to interests of his depositors and creditors and (or) threat of stability of financial system of the Republic of Kazakhstan, or category of insolvent banks;
2) the bank fulfills the requirements to the minimum values of coefficients of sufficiency of equity and its size established by the resolution of Board of National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170 "About establishment of normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank and Rules of calculation and limits of open foreign exchange position", registered in the Register of state registration of regulatory legal acts at No. 15886, and the resolution of Board of National Bank of the Republic of Kazakhstan of May 30, 2016 No. 144 "About establishment of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks, their normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks" registered in the Register of state registration of regulatory legal acts at No. 13939 (further – the minimum values of coefficients of sufficiency of equity and its size) on the last reporting date and for the date preceding date of submission to National Bank of the petition for provision of loan;
3) the bank has no arrears to National Bank;
4) the bank is attached to the agreement on general terms of provision of loan according to Chapter 3 of Rules.
10. The loan is granted in national currency of the Republic of Kazakhstan – tenge on the security of assets of bank, stipulated in Item 12 Rules.
11. The loan is granted bank for a period of 14 (fourteen) up to 90 (ninety) calendar days with possibility of prolongation no more than 3 (three) times. Aggregate term of use of loan taking into account all prolongations does not exceed 1 (one) year.
12. The National Bank in ensuring obligation fulfillment on loan accepts the market assets and (or) non-market assets belonging to bank.
The bank providing securities as a deposit is not issuer of such securities.
The list of the market assets accepted as ensuring obligation fulfillment on loan, and discounts to them are placed on official Internet resource of National Bank.
Non-market assets are accepted as ensuring obligation fulfillment on loan if they conform to requirements to non-market assets according to appendix 1 to Rules (further – requirements to non-market assets), pledge prepositions according to Chapters 4, of 5 or 6 Rules underwent the procedure and are included in providing pool.
13. The loan is considered provided on condition of exceeding of asset cost of bank, provided as a deposit, taking into account discount over loan amount taking into account remuneration in full during all term of loan.
14. The loan amount is determined by National Bank taking into account requirements of Item 13 of Rules.
15. The remuneration rate on loan is fixed before repayment date of loan in full at the level of the base rate of National Bank operating on the date of provision or prolongation of loan taking into account extra percentage fee in the amount of 2 (two) percent points.
Charge of remuneration on loan is performed from the date of provision of loan by National Bank to bank before repayment date (inclusive) of loan in full. For charge of remuneration 360 (three hundred sixty) calendar days in year and 30 (thirty) calendar days in month or the actual number of calendar days are taken into account in case of incomplete month.
16. The loan is granted by National Bank by money transfer on the correspondent account of bank opened in National Bank.
17. The National Bank places on official Internet resource of National Bank the agreement on general terms of provision of loan of final instance in form according to appendix 2 to Rules (further – the agreement on general terms of loan).
18. Terms of the contract about general terms of loan are accepted by bank by accession to the agreement on general terms of loan.
19. For accession to the agreement on general terms of loan the bank sends to National Bank the petition for accession to the agreement on general terms of provision of loan of final instance in form according to appendix 3 to Rules (further – the petition for accession). The petition for accession is signed by the first head of bank. The bank at the same time notifies authorized body in writing on submission to National Bank of the petition for accession with appendix of its copy.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.