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

of February 21, 2022 No. 7

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning credit bureaus and regulation of banking and microfinancial activities

According to Item 5 of Article 17, Item 3 of Article 35, Items 3 and 7 of Article 39, Item part three 1, part one of 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 5) Item 1 of article 9 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", subitems 2) and 3) article 5 of the Law of the Republic of Kazakhstan "About credit bureaus and forming of credit stories in the Republic of Kazakhstan", the subitem 1) Item 3-1 of Article 4, subitem 8-1) of Item 2 of Article 7 and subitems 3) and 4-3) articles 27 of the Law of the Republic of Kazakhstan "About microfinancial activities" and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "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 credit bureaus and regulation of banking and microfinancial activities 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 ten calendar days after day of its first official publication, except for:

the paragraph of the twenty seventh item 4 of the List which becomes effective since July 1, 2022;

the paragraph of the nineteenth, paragraphs from Item 6 of the List, the twenty fourth on the forty fifth, which become effective since July 1, 2022.

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 21, 2022 No. 7

The list of regulatory legal acts of the Republic of Kazakhstan concerning credit bureaus and regulation of banking and microfinancial activities to which changes and additions are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 137 "About approval of Rules of calculation of rates of remuneration in reliable, annual, effective, comparable basis (actual cost) on loans and deposits" (it is registered in the Register of state registration of regulatory legal acts at No. 7663) the following changes:

in Rules of calculation of the rates of remuneration in reliable, annual, effective, comparable basis (actual cost) on loans and deposits approved by the specified resolution:

state Item 3 in the following edition:

"3. Calculation of annual effective rate of remuneration is made:

1) for date of the conclusion of the service provision agreement;

2) on oral or written customer requirement;

3) in case of introduction of amendments and amendments to the agreement of bank loan by the conclusion of the supplementary agreement to the agreement which attract change of the amount (size) of monetary commitments of the client and (or) term of their payment;

4) in case of implementation by the client during servicing of loan of the payment specified in subitems 5), 6), 7) and 7-1) Items 2 of the List of the commissions and other payments connected with issue and servicing of the bank loan issued to physical person approved by the resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 218, registered in the Register of state registration of regulatory legal acts at No. 19702 (further - the List), and the remuneration which is not included in calculation of annual effective rate for date of the conclusion of the service provision agreement. The client is notified on the change of value of annual effective rate of remuneration according to the procedure provided by the agreement of bank loan.";

8, 8-1 and 9 to state Items in the following edition:

"8. Calculation of annual effective rate of remuneration for the loan issued to the legal entity joins the commissions and other payments connected with issue and servicing of loan, provided by the agreement of bank loan, the sizes and payment due dates which are known for date of the conclusion of the agreement of bank loan, and also the following payments of clients for benefit of the third parties:

1) the payments of the client for benefit of insurance company within insurance contracts (reinsurance) connected with receipt of loan, servicing of loan, except for the payments provided by the subitem 4) of Item 9 of Rules;

2) payments of the client to the guarantor (guarantor) for receipt of guarantee (guarantee), to the appraiser for assessment of the pledged property;

3) payments of the client for benefit of the organizations (intermediaries) rendering services to bank of the second level, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities (further - bank) on customer acquisition, implementation of verification of the documents provided by clients on compliance to conditions of issue of loan, document transfer of clients to bank, acceptance of payments and transfers from clients of bank on account of repayment of loans;

4) the commissions and the payments of the client for benefit of bank and (or) other organizations within bank account agreements and (or) agreements of bank servicing, insurance contracts (reinsurance) connected with receipt of loan, servicing of loan, not connected with subitems 1), 2) and 3) of this Item.

If when calculating annual effective rate of remuneration for loan, there is no possibility of determination of the amount of the payments specified in subitems 1), 2), 3) and 4) to part one of this Item for all term of crediting, then calculation of annual effective rate of remuneration for loan joins payments for all term of crediting, proceeding from rates of the these persons determined on the date of the conclusion of contracts with them.

The commissions and other payments provided by the agreement of bank loan and also the payments specified in subitems 1) 2), 3) and 4) of part one of this Item which fact of collection is unknown for date of the conclusion of the agreement of bank loan are considered in case of recalculation of annual effective rate of remuneration after the actual payment.

8-1. Calculation of annual effective rate of remuneration for the loan issued to physical person joins the commissions and other payments connected with issue and servicing of loan, provided by the agreement of bank loan, the sizes and payment due dates which are known for date of the conclusion of the agreement of bank loan.

If when calculating annual effective rate of remuneration for loan there is no possibility of determination of the amount of payments for benefit of persons specified in subitems 5), 6), 7) and 7-1) Items 2 of the List for all term of crediting, calculation of annual effective rate of remuneration joins payments for all term of crediting, proceeding from the rates established by these persons and determined for date of the conclusion of contracts with them.

The commissions and other payments provided by the agreement of bank loan, specified in subitems 3), 4), 5), 6), 7), 7-1), 8), and 9) of Item 2 of the List which fact of collection is unknown for date of the conclusion of the agreement of bank loan are considered in case of recalculation of annual effective rate of remuneration after the actual payment or in case of their introduction during servicing of bank loan.

9. Do not join in calculation of annual effective rate of remuneration for loan:

1) payments of the client for benefit of the third parties, except for the payments specified in subitems 1), 2), 3) and 4) of Item 8 of Rules and in subitems 5), 6), 7) and 7-1) Items 2 of the List;

2) the payments of the client connected with non-compliance with terms of the contract of bank loan by him including penalty and other types of penalties, including for exceeding of the overdraft limit set to the client;

3) payments of the client for benefit of insurance companies in case of insurance of the subject of pledge of the agreement of the pledge providing obligations of the client under the agreement of bank loan and being in use of the pledger.".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2017 No. 22 "About establishment of criteria of unsecured loan (blank credit)" (the following change is registered in the Register of state registration of regulatory legal acts at No. 14902):

state Item 1 in the following edition:

"1. Determine that for the purposes of Item 3 of article 35 of the Law on banks unsecured loan (blank credit) the credit which is at the same time corresponding to the following criteria is recognized:

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