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

of March 15, 2021 No. 50

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

According to part two of Item 2 of Article 31, part one of Item 3 of article 42 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", the subitem 3) article 5 of the Law of the Republic of Kazakhstan of July 6, 2004 "About credit bureaus and forming of credit stories in the Republic of Kazakhstan" and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" 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 are made, according to appendix to this resolution (further - the List).

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.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 15, 2021 No. 50

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

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of March 27, 2017 No. 53 "About approval of conditions and the minimum requirements to procedure for provision of information by suppliers of information in credit bureaus, Rules of registration of consent of subjects of credit stories to provision of information on them in credit bureaus (except for credit bureau with the state participation), registrations of consent to issue of the credit report from credit bureau, and also Rules and conditions of provision of the credit report" (it is registered in the Register of state registration of regulatory legal acts at No. 15115, it is published on June 6, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following change:

in the Rules and conditions of provision of the credit report approved by the specified resolution:

state Item 2 in the following edition:

"2. The credit report containing information specified in article 24 of the Law is provided to credit bureaus to the receiver of the credit report having the right to its obtaining on the bases, stipulated in Item 1 article 29 of the Law on electronic or paper, in the presence of the consent of the subject of credit history to issue of the credit report from the credit bureau which is drawn up according to Item 8 of Rules of registration of consent of subjects of credit stories to provision of information on them in credit bureaus (except for credit bureau with the state participation), the registrations of consent to issue of the credit report from credit bureau approved by this resolution.

By provision of the credit report, on the credit (bank loan or the microcredit) on which the delay was allowed over 90 (ninety) calendar days the credit bureau provides specifying in the credit report of the status of the credit "is rehabilitated", for the date following date of the expiration of 12 (twelve) calendar months after repayment by the subject of credit history (physical person) of the credit, and non-admission during the specified period of delays for the term of more than 30 (thirty) calendar days on the credits.

In the credit report information on the credit on which the last information is obtained before term, stipulated in Item 2 articles 14 of the Law is not reflected.".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of July 28, 2017 No. 136 "About approval of Rules of provision of banking services and considerations by banks, the organizations performing separate types of banking activities, addresses of the clients arising in the course of provision of banking services" (it is registered in the Register of state registration of regulatory legal acts at No. 15541, it is published on September 7, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following change:

in Rules of provision of banking services and considerations by banks, the organizations performing separate types of banking activities, addresses of the clients arising in the course of provision of the banking services approved by the specified resolution:

state Item 19 in the following edition:

"19. In case of the appeal of the borrower to bank with the written application about modification of terms of the contract, bank considers the offered terms of change of the agreement of bank loan within 15 (fifteen) calendar days after day of receipt of the written application of the borrower and in writing tells the borrower one of the decisions specified in Item 1-2 of article 36 of the Law on banks.

Proposals of the borrower are considered by the body of bank authorized for consideration of this sort of statements.

The term of submission of the answer by the borrower to terms of change of the agreement of bank loan offered by bank is specified in the letter of bank and constitutes at least 15 (fifteen) calendar days.

In case of the address of the borrower - the physical person having the debt on principal debt and (or) the added remuneration delayed over 90 (ninety) calendar days in bank with the statement for holding procedure of rehabilitation, the bank considers the application of the borrower - the physical person about holding procedure of rehabilitation within 15 (fifteen) calendar days. The statement of the borrower - physical person is considered by the body of bank authorized for consideration of this sort of statements.

In case of adoption of the positive decision by bank, the bank sends to the borrower - physical person by method the provided agreement of bank loan signed with it, the offered plan of rehabilitation including the new payment schedule on loan (loans) and also one or several measures for restructuring of loan:

change of the payment schedule on loan, including the subsequent provision or prolongation of grace period on loan payments for repayment of principal debt and (or) remuneration;

prolongation of term of loan;

payment deferral on loan in total for the term of more than 30 (thirty) calendar days;

forgiveness of part of principal debt and (or) remuneration on loan;

change (converting) of loan currency from one currency on another and (or) fixing of the exchange rate on foreign currency loans;

increase in credit limit in case of availability of the debt on loan delayed in total more than 30 (thirty) calendar days;

decrease in rate of remuneration on loan, except for changes of the size of basic indicator on remuneration floating rate loan;

reduction of the size of debt on loan as a result of repayment of outstanding amount at the expense of the mortgage property of the borrower transferred to bank.

The term of submission by the borrower of the answer to terms of change of the agreement of bank loan offered by bank is specified in the draft of the plan of rehabilitation and constitutes at least 15 (fifteen) calendar days.

The consent of the borrower - physical person with the plan of rehabilitation is fixed by the method provided by the contract of bank loan with the borrower, or the plan of rehabilitation offered by bank.

During implementation of the plan of rehabilitation the bank does not perform the measures (stops implementation of measures) provided (provided) Items 2 and 2-1 of article 36 of the Law on banks.

Renewal of application by bank of the measures provided by Items 2 and 2-1 of article 36 of the Law on banks is performed in case of non-execution by the borrower - physical person of the plan of rehabilitation.

The borrower - the physical person files petition for holding procedure of rehabilitation once within five years.

The offer by Bank of the plan of rehabilitation to the borrower - physical person without receipt of the statement from it is allowed.".

3. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 30, 2020 No. 106 "About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan and suspension of action of separate regulations of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market" (it is registered in the Register of state registration of regulatory legal acts at No. 21554, it is published on November 3, 2020 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following changes:

appendix 5 to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes and amendment are made, approved by the specified resolution to state 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 are made (further - the List);

state appendix 6 in edition according to appendix 2 to the List.

Appendix 1

to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes are made

Appendix 5

to Normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, to the size of the capital of bank

The table of the assets of bank weighed on degree of credit risk of investments

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