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

of September 20, 2021 No. 89

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

According to part one of Item 1-1 and Item 3 of article 42 of the Law of the Republic of Kazakhstan "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 "About mortgage of real estate", Item 3 of article 49 of the Law of the Republic of Kazakhstan "About the security market", the subitem 5) Item 1 of Article 9 and subitem 9-3) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" 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 prudential regulation to which changes and additions 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 day of its first official publication, except for lines 4.4 appendices 3, of paragraphs of the third and fourth Item 9 of appendix 4, of line 4.4 appendices 5, of paragraphs of the third and fourth Item 5, of paragraphs of the third and fourth Item 10, of paragraphs of the third and fourth Item 16 of appendix 6 to the List which become effective since October 1, 2021.

It is approved National Bank 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

 

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of September 20, 2021 No. 89

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

1. 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" (the following change is registered in the Register of state registration of regulatory legal acts at No. 13939):

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:

To state the table of the assets of bank weighed on degree of credit risk of investments according to appendix 2 in edition according to appendix 1 to this List of regulatory legal acts of the Republic of Kazakhstan concerning prudential regulation to which changes and additions are made (further - the List).

2. Bring in 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" (the following change is registered in the Register of state registration of regulatory legal acts at No. 15886):

in Normative values and technique of calculations of the prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank approved by the specified resolution:

To state the table of the assets of bank weighed on degree of credit risk of investments according to appendix 5 in edition according to appendix 2 to the List.

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of April 27, 2018 No. 79 "About establishment of types of prudential standard rates, and also the indicators characterizing respect for their values for the organizations exercising control of investment portfolio, approval of Rules of calculation of values of the prudential standard rates which are subject to observance by the organizations exercising control of investment portfolio" (it is registered in the Register of state registration of regulatory legal acts at No. 17008) the following changes and amendment:

state heading in the following edition:

"About establishment of types of prudential standard rates for the organizations performing activities for management of investment portfolio, approval of rules and method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing activities for management of investment portfolio";

state preamble in the following edition:

"According to Item 3 of article 49 of the Law of the Republic of Kazakhstan "About the security market", subitem 9-3) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

state Items 1 and 2 in the following edition:

"1. Establish for the organizations performing activities for management of investment portfolio, the following types of prudential standard rates:

coefficient of sufficiency of equity which value daily makes at least 1;

liquidity rate which value daily makes at least 1,4.

2. Approve:

1) Rules of calculation of values of the prudential standard rates obligatory to observance by the organizations performing activities for management of investment portfolio according to appendix 1 to this resolution;

2) the Method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing activities for management of investment portfolio according to appendix 2 to this resolution.";

The rules of calculation of values of the prudential standard rates which are subject to observance by the organizations exercising control of investment portfolio, approved by the specified resolution to state in edition according to appendix 3 to the List;

add with appendix 2 in edition according to appendix 4 to the List.

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of April 27, 2018 No. 80 "About establishment of types of prudential standard rates, and also the indicators characterizing respect for their values for the organizations performing broker and (or) dealer activities in the security market, approval of Rules of calculation of values of the prudential standard rates which are subject to observance by the organizations performing broker and (or) dealer activities in the security market" (it is registered in the Register of state registration of regulatory legal acts at No. 17005) the following changes and amendment:

state heading in the following edition:

"About establishment of types of prudential standard rates for the organizations performing broker and (or) dealer activities in the security market, approval of rules and method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing broker and (or) dealer activities in the security market";

state preamble in the following edition:

"According to Item 3 of article 49 of the Law of the Republic of Kazakhstan "About the security market" (further - the Law on the security market), subitem 9-3) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

state Items 1 and 2 in the following edition:

"1. Establish for the organizations performing broker and (or) dealer activities in the security market, the following prudential standard rates:

coefficient of sufficiency of equity which value daily makes at least 1;

liquidity rate which value daily makes at least 1,4;

for brokers and (or) dealers for the purpose of receipt of the license for implementation of separate types of the banking activities provided by subitems 1), 2), 3) and 4) of part four of Item 1 of article 63 of the Law on the security market:

the minimum size of the authorized capital - at least 10 000 000 000 (ten billion) tenges;

the minimum size of equity - at least 10 000 000 000 (ten billion) tenges.

2. Approve:

Rules of calculation of values of the prudential standard rates obligatory to observance by the organizations performing broker and (or) dealer activities in the security market according to appendix 1 to this resolution;

Method of calculation of values of the prudential standard rates obligatory to observance by the organizations performing broker and (or) dealer activities in the security market according to appendix 2 to this resolution.";

The rules of calculation of values of the prudential standard rates which are subject to observance by the organizations performing broker and (or) dealer activities in the security market, approved by the specified resolution to state in edition according to appendix 5 to the List;

add with appendix 2 in edition according to appendix 6 to the List.".

Appendix 1

to the List of regulatory legal acts of the Republic of Kazakhstan concerning prudential regulation to which changes and additions are made

Appendix 2

to Normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks

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

№	Name of Articles	Risk degree as a percentage
I group
1.	Cash tenges	0
2.	The cash foreign currency of the countries having sovereign rating is not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
3.	The affined precious metals	0
4.	Requirements to the Government of the Republic of Kazakhstan	0
5.	Requirements to the central governments of the countries having sovereign rating are not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
6.	Requirements to National Bank of the Republic of Kazakhstan	0
7.	Requirements to Central Banks of the countries with sovereign rating are not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
8.	Requirements to international financial institutions with rating are not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
9.	Requirements to local executive bodies of the Republic of Kazakhstan on taxes and other payments in the budget	0
10.	Requirements to joint-stock company "National welfare fund "Samruk-Kazyna"	0
11.	The Islamic securities issued by the Islamic special finance company created by originatorom-national holding, the national managing director of holding of the Republic of Kazakhstan	0
12.	The Islamic securities having the status state, issued by the central governments of foreign states which sovereign rating is not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
13.	The Islamic securities issued by the international financial institutions having rating are not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
14.	The securities issued by joint-stock companies "National welfare fund "Samruk-Kazyna", "National managing holding "Bayterek", "Fund of the Problem Credits", securities issued by Development Bank of Kazakhstan joint-stock company according to the legislation of the Republic of Kazakhstan on the security market, the securities issued by Eurasian Development Bank and nominated in national currency of the Republic of Kazakhstan	0
15.	Requirements for the opened correspondent accounts to the banks having long-term rating are not lower than "VVV" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	0
II group
16.	The cash foreign currency of the countries having sovereign rating is lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies, and the countries which do not have the corresponding rating assessment	20
17.	Requirements to the central governments of the countries having sovereign rating from "A+" to "A-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
18.	Requirements to Central Banks of the countries having sovereign rating from "A+" to "A-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
19.	Requirements to the international financial institutions having rating from "A+" to "A-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
20.	Requirements to local executive bodies of the Republic of Kazakhstan	20
21.	Requirements to regional authorities of the countries having sovereign rating are not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
22.	Requirements to the organizations having rating are not lower than "AA-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
23.	The Islamic securities having the status state, issued by the central governments of the countries having sovereign rating from "A+" to "A-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
24.	The Islamic securities issued by the international financial institutions having rating from "A+" to "A-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies	20
25.	The Islamic securities of the Republic of Kazakhstan issued by the Islamic special finance company created by the originatorom-legal entity which 100 (hundred) percent of voting shares (shares) belong to national managing holding	20

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