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

of April 16, 2021 No. 56

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

According to Item 2 of Article 17-1, Items 1-1 and 3 of Article 42, Item 6 of article 45 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) Item 1 of article 5-3 of the Law of the Republic of Kazakhstan of December 23, 1995 "About mortgage of real estate", Item 2 of article 26 of the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity", Item 3 of article 72-1 of the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market", the subitem 5) Item 1 of Article 9, the subitem 1) Articles 10, the subitem 1) Article 11 and subitems 9-1) and 9-3) of article 12 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", subitem 4-2) of part one of article 27 of the Law of the Republic of Kazakhstan of November 26, 2012 "About microfinancial activities", the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and Item 2 of article 12 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" 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, except for Item 1 of the List which becomes effective after twenty one calendar days after day of the first official publication of this resolution.

The chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market

M. Abylkasymova

 

It is approved

National Bank of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

It is approved

Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

 

It 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 April 16, 2021 No. 56

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 February 24, 2012 No. 67 "About approval of Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent" (it is registered in the Register of state registration of regulatory legal acts at No. 7552, it is published on June 19, 2012 in the Kazakhstanskaya Pravda newspaper No. 191-192 (27010-27011) following changes:

in Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of the investment portfolio and the requirements to the documents submitted for receipt of the specified consent, approved by the specified resolution:

state Item 12 in the following edition:

"12. For legal entities and the countries which need of availability is required according to the legislation of the Republic of Kazakhstan regulating activities of the financial organizations, branches of nonresident banks of the Republic of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan, the list of the rating agencies assigning this score", registered in the Register of state registration of regulatory legal acts at No. 8318, it is not required to legal nonresident person of the Republic of Kazakhstan, the person interested to receive the consent of authorized body to acquisition of the status of the large member of the financial organization or bank or insurance holding, availability of the minimum required score assigned to one of the international rating agencies which list is established by the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2012 No. 385 "About establishment of the minimum rating in cases, the provided part three of Item 1 of article 17-1 of the Law on banks, Item 1 of article 26 of the Law on insurance activity, Item 1 of article 72-1 of the Law on the security market.";

1, 3 and 4 to state appendices in edition according to appendices 1, 2 and 3 to this List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of the financial market to which changes are made.

2. Bring in 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" (it is registered in the Register of state registration of regulatory legal acts at No. 13939, it is published on July 22, 2016 in information system of law of Ad_let) the following change:

in Normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, for the Islamic banks approved by the specified resolution:

state Item 40 in the following edition:

"40. Liquidity is characterized by the following coefficients:

coefficient of current liquidity of k4 bank;

in coefficients of urgent liquidity of k4-1, k4-2 and k4-3;

in coefficients of urgent currency liquidity of k4-4, k4-5 and k4-6.

The minimum value of coefficients of current liquidity, urgent liquidity and urgent currency liquidity is established in the amount of:

k4 - 0,3;

k4-1 - 1;

k4-2 - 0,9;

k4-3 - 0,8;

k4-4 - 1;

k4-5 - 0,9;

k4-6 - 0,8.".

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 308 "About establishment of prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulations and limits, and also the list, forms and rules of submission of the reporting on their accomplishment" (it is registered in the Register of state registration of regulatory legal acts at No. 14788, it is published on February 28, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan) the following change:

in Prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of the regulations and limits approved by the specified resolution:

state Item 32 in the following edition:

"32. The extent of risk on one borrower is calculated as the amount:

1) requirements of the Organization to the borrower in the form of loans, deposits, receivables, securities;

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