of February 24, 2021 No. 43
About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of branches of banks of nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan and branches of insurance brokers of nonresidents of the Republic of Kazakhstan
According to Items 1 and 3 of Article 8-1, Item 3 of Article 35, Item 1 and part two 2 Articles 40, part two of Item 1 of Article 40-5, Item 1, part two of Item 2 and Item 6 of Article 45, Item 2 of Article 56, part four of Item 8 of Article 57, article 75 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", subitem 1-3) of article 7 of the Law of the Republic of Kazakhstan of November 20, 1998 "About auditor activities", item 4 of Article 2, Item 12 of Article 20, Item 1 of article 52-1 of the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity", part four of Item 8 of Article 55-1, Item 5 of article 77-1 of the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market", the subitem 2) Article 13-2, Items 6 and 7 of article 13-5 of the Law of the Republic of Kazakhstan of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" and for the purpose of implementation of the Law of the Republic of Kazakhstan of January 2, 2021 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning recovery of economic growth" 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 activities of branches of nonresident banks of the Republic of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan and branches of insurance nonresident brokers of the Republic of Kazakhstan to which changes and additions, according to appendix to this resolution are made.
2. To provide to department of methodology and prudential regulation of the financial organizations in the procedure established by the legislation of the Republic of Kazakhstan:
1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;
3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.
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.
The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market
M. Abylkasymova
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It is approved Ministry of Finance of the Republic of Kazakhstan |
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It is approved Ministry for Culture and Sports of the Republic of Kazakhstan |
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It is approved National Bank of the Republic of Kazakhstan |
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It is approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan |
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to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 24, 2021 No. 43
1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 59 "About approval of Requirements to risk management system of the clearing organization, to conditions and procedure for monitoring, control and risk management in the clearing organization" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 7554, it is published on June 23, 2012 in the Kazakhstanskaya Pravda newspaper No. 199-200 (27018-27019)) the following changes:
in the Requirements to risk management system of the clearing organization, conditions and procedure for monitoring, control and risk management in the clearing organization approved by the specified resolution:
state Item 20 in the following edition:
"20. The procedure and conditions of forming, and also use of reserve, guarantee funds of the clearing organization and (or) mid-flight fees and other providing clearing participants include:
1) technique of determination and assessment of the sizes of reserve or guarantee funds of the clearing organization and (or) mid-flight fees, other providing clearing participants;
2) procedure and conditions of payment of mid-flight fees and other providing clearing participants, fees of clearing participants in guarantee fund of the clearing organization, forming of reserve fund of the clearing organization;
3) procedure and conditions of implementation of payments from reserve or guarantee funds of the clearing organization;
4) procedure and conditions of investment of assets of reserve or guarantee funds of the clearing organization:
in money on the correspondent account opened in National Bank of the Republic of Kazakhstan or on the bank account opened in "Central Securities Depository" Joint-stock company;
in money on accounts in the foreign corresponding banks having long-term international rating "VVV-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in money on current accounts in the banks of the second level of the Republic of Kazakhstan having long-term rating s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower "In +" on the international scale of the Standard &Poor agency "than s Investors Service;
in money on current accounts in branch of the nonresident bank of the Republic of Kazakhstan having long-term rating "BBB" on the international scale of the Standard &Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in government securities of the Republic of Kazakhstan;
in government bonds of the foreign states having long-term rating "AA" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in the repo tools performed by "automatic" method;
in deposits in the banks of the second level of the Republic of Kazakhstan having long-term rating "BB+" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in deposits in branch of the nonresident bank of the Republic of Kazakhstan having long-term rating "BBB" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in deposits in the nonresident banks of the Republic of Kazakhstan having long-term international rating "VVV-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in the corporate bonds (including coupon international bonds) having rating "BB-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in quasi-public debt securities of the residents of the Republic of Kazakhstan having long-term international rating "BB+" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
5) procedure and conditions of investment of the money placed on account of mid-flight fees and (or) as other providing:
in money on the correspondent account opened in National Bank of the Republic of Kazakhstan and (or) on the bank account opened in "Central Securities Depository" Joint-stock company;
in money on accounts in the foreign corresponding banks having long-term international rating "VVV-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in money on current accounts in the banks of the second level of the Republic of Kazakhstan having long-term rating s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower "In +" on the international scale of the Standard & Poor agency "than s Investors Service;
in money on current accounts in branch of the nonresident bank of the Republic of Kazakhstan having long-term rating "BBB" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in government securities of the Republic of Kazakhstan;
in government bonds of the foreign states having long-term international rating "AA" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in the debt securities (including coupon international bonds) having rating "BB-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in the repo tools performed by "automatic" method;
in swap transaction;
in deposits in the nonresident banks of the Republic of Kazakhstan having long-term international rating "VVV-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in deposits in the banks of the second level of the Republic of Kazakhstan having long-term rating "BB-" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service;
in deposits in branch of the nonresident bank of the Republic of Kazakhstan having long-term rating "BBB" on the international scale of the Standard & Poor agency "s or the rating of similar level on the international scale of the Fitch or Moody agencies" is not lower than s Investors Service.
The list of tools specified in the subitem 5) of this Item does not extend to cases of acquisition by the clearing organization of financial instruments for the purpose of settlement of the fact of non-execution of obligations by one of clearing participants.".
2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 80 "About approval of Rules of calculation of total volume of all bank loans and bank guarantees issued by banks of the second level to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 7510, it is published on May 24, 2012 in the Kazakhstanskaya Pravda newspaper No. 150-151 (26969-26970)) the following changes and amendment:
state heading in the following edition:
"About approval of Rules of calculation of total volume of all nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan";
state Item 1 in the following edition:
"1. Approve the enclosed Rules of calculation of total volume of all of the nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related by the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan.";
in Rules of calculation of total volume of all bank loans and bank guarantees issued by banks of the second level to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan, approved by the specified resolution:
state heading in the following edition:
"Rules of calculation of total volume of all nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees issued by banks of the second level, branches to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan";
state preamble in the following edition:
"These rules are developed according to part two of Item 3 of article 8-1 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 establish procedure of payments of total volume of all of the nonresident banks of the Republic of Kazakhstan issued by banks of the second level, branches (further - banks) bank loans and bank guarantees to persons, related the special relations, and to legal resident persons and nonresidents of the Republic of Kazakhstan.";
add with Item 6 of the following content:
"6. The equity of branch of nonresident bank of the Republic of Kazakhstan is understood as the assets accepted as reserve, calculated according to Prudential standard rates and other regulations and limits, obligatory to observance, for branches of nonresident banks of the Republic of Kazakhstan (including branches of Islamic nonresident banks of the Republic of Kazakhstan), their normative values and technique of calculations, including procedure for forming of assets of branches of the nonresident banks of the Republic of Kazakhstan (including branches of Islamic nonresident banks of the Republic of Kazakhstan) accepted as reserve, and their minimum size, approved by the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 12, 2021 No. 23, registered in the Register of state registration of regulatory legal acts at No. 22213.".
3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 25, 2013 No. 72 "About approval of Requirements for issue by banks of the second level of bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan)" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 8409, it is published on June 26, 2013 in the Yuridicheskaya Gazeta newspaper No. 93 (2268)) the following changes and amendment:
state heading in the following edition:
"About approval of Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan)";
state Item 1 in the following edition:
"1. Approve the enclosed Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related by the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan).";
in Requirements for issue by banks of the second level of bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan), approved by the specified resolution:
state heading in the following edition:
"Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan)";
state preamble in the following edition:
"These Requirements for issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan of bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan) (further - Requirements) are developed according to Item 1 of article 8-1 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 establish requirements to issue of the second level by banks, branches of nonresident banks of the Republic of Kazakhstan (further - banks) bank loans and bank guarantees to persons, related the special relations, and to legal entities (residents and nonresidents of the Republic of Kazakhstan).";
state Item 1 in the following edition:
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