RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of June 2, 2022 No. 2022-P-12/35-1-(NPA)

About approval of the Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors

According to articles 20 and 68 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity" the Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors according to appendix to this resolution.

2. To the commercial banks and microfinance companies attracting deposits in three-months time to bring the databases into accord with requirements of this resolution.

3. To the housing and savings credit companies till the fourth quarter 2022 to bring the databases into accord with requirements of this resolution.

4. This resolution becomes effective after three months from the date of official publication.

5. To legal management:

- publish this resolution on the official website of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for entering into the State register of regulatory legal acts of the Kyrgyz Republic.

6. To management of methodology of supervision and licensing of banks to bring this resolution to the attention of commercial banks, OYuL "Union of Banks of Kyrgyzstan", microfinance companies attracting deposits and the housing and savings credit companies, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

7. To impose control of execution of this resolution on the board member of the National Bank of the Kyrgyz Republic supervising management of methodology of supervision and licensing of banks.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of June 2, 2022 No. 2022-P-12/35-1-(NPA)

The instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors

Chapter 1. General provisions

1. This Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits (further - bank) before investors (further - the Instruction) is developed according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)" and regulatory legal acts of National Bank of the Kyrgyz Republic (further - National Bank).

2. The banks performing the activities based on the license of National Bank need to keep the database according to this Instruction.

3. In this Instruction the determinations stated in conceptual framework of the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)" are used.

Chapter 2. Forming of the database about obligations of bank to investors

4. The bank needs to create and support on permanent basis the automated database for accounting of deposits (deposits) of the physical persons and individual entrepreneurs which are subject to compensation according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)", including accounting on the amounts of the guaranteed compensation on deposits (deposits) (further - the database).

5. The database is kept by bank on daily basis and is subject to the code as of 1 number of every month and for date of approach of warranty case, according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)".

6. The data created according to this Instruction are the basis for determination and forming of the amount which is subject to compensation payment to bank depositors in case of approach of warranty case.

Besides, the database shall be created and be provided by bank for determination of the amount of the means which are subject to protection in case of restructuring of bank according to requirements of the bank law.

7. Forming of the database according to this Instruction provides that in case of approach of warranty case the amount which is subject to payment to the investor decreases by the amount of remaining balance on the overdue loans issued to the investor and the overdue guarantees provided by bank at the request of the investor if on these overdue loans and warranties disputes or legal proceedings are not had (further - overdue demands in reconvention).

8. The database shall be created in the XML and XLS formats according to Appendix 1 to this Instruction with possibility of automatic unloading of data. At the same time such main criteria as reliability, functionality, safety and reliability shall be observed. Besides, general requirements to the electronic databases, programs provided by regulatory legal acts of National Bank of the Kyrgyz Republic shall be observed.

9. The table "Data on the Deposits (Deposits) of the Physical Persons and Individual Entrepreneurs Which Are Subject to Compensation Placed in Bank" (Appendix 1 to this Instruction) is filled in according to Procedure, specified in Appendix 2.

10. In each bank the employee responsible for implementation of verification of the database regarding its correctness and compliance of the Instruction shall be appointed. On quarterly basis the responsible of bank shall send the report on results of the above-stated check to management of bank.

11. The management of bank bears responsibility for accuracy of the information reflected in the database about obligations of bank to investors.

Chapter 3. Final provisions

12. In case of approach of warranty case the temporary administrator / liquidator within 10 (ten) calendar days after approach of warranty case shall provide in Agency on protection of deposits information on deposits of physical persons and individual entrepreneurs calculated according to requirements of this Instruction which are subject to compensation according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)".

In case when the Agency acts as the liquidator of bank and/or financial credit institution, it within 10 (ten) calendar days after approach of warranty case creates information on investors on which the Law of the Kyrgyz Republic "On protection of bank deposits (deposits)", in the form established by the Agency expatiates.

13. On the basis of the database created according to requirements of this Instruction, the Agency determines and creates the amounts which are subject to compensation payment to investors - to physical persons and individual entrepreneurs of bank in case of approach of warranty case.

14. In case of approach of warranty case the percent added on contribution (deposit), but unpaid and not capitalized, are calculated for date of approach of warranty case. Charge of such percent is performed at the rate specified in bank deposit agreement, but cannot be above discount rate of National Bank for date of approach of warranty case.

15. Payments to the investor for the guaranteed deposits are performed according to the procedure and on the conditions provided by the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)".

16. Obligations of the liquidated bank to the investor decrease by benefits amount, performed by the Agency according to the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)". The remained amount of obligations of bank to the investor is subject to payment according to the Law of the Kyrgyz Republic "About banks and banking activity".

Appendix 1

to the Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors

Data on the deposits (deposits) of physical persons, the individual entrepreneurs who are subject to compensation _________________________________________________________________ (bank name) placed _______________________________________

№ payment order	Complete Surname, Name and Middle name of the investor/holder of electronic money	The identity document, No. and date of issue by whom it is issued		No. of the certificate/patent/decision of body of Tax Service on application of the tax discharge in trade zone with particular treatment	INN	Residential address of the investor/holder of electronic money, phone number	Name and/or No. of the agreement of bank servicing (bank deposit, maps accounts and so forth), agreements of loan/guarantee, agreement/offer on provision of services of e-wallet, date of the conclusion of the agreement	Currency type of the deposit, e-wallet, overdue demands in reconvention	Ledger account number	Number of personal account of contribution, maps accounts, e-wallet, loan debt, the added deposit interests (deposit), the added percent on loan debt	The amount of deposited money, and also the amount of the added deposit interests (deposit)					The amount of overdue demands in reconvention of bank to the investor						Remaining balance of obligations/requirements of bank to the investor by results of offset			Remaining balance of obligations of bank to the investor by results of offset in somovy equivalent	The compensation amount which is subject to payment to the investor/holder of electronic money, but no more amount established by the Law KR "About protection of bank deposits (deposits)" following the results of offset of overdue demands in reconvention of the investor and bank	Remaining balance on deposits (deposits), e-wallets taking into account the added percent after payment of compensation amount in somovy equivalent	Deposits (deposits) on which e-wallets are suspended payments concerning which there is decision (resolution) on seizure of judicial and investigating authorities
		No. of the document proving the identity	date of issue by whom it is issued								the amount of the current remaining balance on currency deposit of contribution/e-wallet	the amount of the current remaining balance of contribution/e-wallet in somovy equivalent	the amount of the added percent in currency of contribution/e-wallet	the amount of the added deposit interests (deposit)/e-wallet in somovy equivalent	in total in somovy equivalent	the amount of remaining balance of requirements for principal debt in requirement currency	the amount of remaining balance of requirements for principal debt in somovy equivalent	the amount of requirements for the added percent of bank in requirement currency	the amount of requirements for the added percent of bank in somovy equivalent	in total amount of overdue demands in reconvention of bank in somovy equivalent	data on disputes and legal proceedings on overdue loans and guarantees of investors	the remaining balance amount on the added percent in somovy equivalent by results of offset	the remaining balance amount on principal debt in somovy equivalent by results of offset	in total on remaining balance of obligations/requirements in somovy equivalent
1	2	3	4	4-1	5	6	7	8	9	10	11	12	13	14	15=12+14	16	17	18	19	20=17+19	21	22=14+20	23	24	25	26	27=24-26	28
	Example:
1	Ivanov Ivan Ivanovich	A1325465	19.08.02 of the Ministry of Internal Affairs of the Kyrgyz Republic				Bank deposit agreement No. 50 of 20.11.08	KGS				250000,00		5000,00	155000,00					-		5000,00
	Ivanov Ivan Ivanovich	A1325465	19.08.02 of the Ministry of Internal Affairs of the Kyrgyz Republic				Bank deposit agreement No. 51 of 20.11.08	USD			2000,00	80000,00	100,00	4000,00	84000,00					-		4000,00
	Ivanov Ivan Ivanovich	A1325465	19.08.02 of the Ministry of Internal Affairs of the Kyrgyz Republic				Bank deposit agreement No. 52 of 20.11.08	EUR			100,00	5000,00			5000,00					-		-
	Ivanov Ivan Ivanovich	A1325465	19.08.02 of the Ministry of Internal Affairs of the Kyrgyz Republic				Agreement of bank loan No. 55 of 05.12.08	EUR							-	- 2500,00	- 125000,00	- 60,00	- 3000,00	- 128000,00		- 128000,00
	Total on the investor										XXX	335000,00	XXX	9000,00	344000,00	XXX	- 125000,00	XXX	- 3000,00	- 128000,00		- 119000,00	216000,00	216000,00	216000,00	1000000,00	16000	XXX
	In total on Bank

Chairman of the board of bank	______________________________________________________
Chief accountant	______________________________________________________
Executive in charge	______________________________________________________

 

Appendix 2

to the Instruction for maintaining the database about the obligations of bank, housing and savings credit company, microfinance company attracting deposits before investors

Procedure for filling of tables "Data on the placed in bank, housing and savings credit company, microfinance company deposits (deposits) of physical persons and deposits of the individual entrepreneurs placed in bank, the housing and savings credit company, microfinance company, compensation subjects" (further - the table)

1. When filling the table in column 1 the sequence number of the bank depositor, the housing and savings credit company, microfinance company attracting deposits before investors is specified (further - bank).

2. The complete information about the investor shall contain the following data and be reflected in columns 2, of 3, of 4, of 5, of 6, 7 respectively:

- complete surname, name and middle name of the investor, holder of electronic money according to the identification document;

- details of the identity document, including document number and date of issue by whom it is issued;

- INN (if is available, in case of absence is not filled);

- details of the document issued by authorized body and confirming the fact of passing of the state registration / re-registration (certificate) as the individual entrepreneur, or details of the document confirming the occupation fact business activity without state registration (the patent or the decision of body of Tax Service on application of the tax discharge in trade zone with particular treatment), in cases, stipulated by the legislation the Kyrgyz Republic;

- complete address of the residence (registration) or place of stay of the investor, holder of electronic money, phone number, fax, e-mail address.

3. Data on agreements of the investor, the holder of electronic money with bank both on contribution (deposit), and on the credit (to overdue demands in reconvention if those are available), and also on provision of services of e-wallet with indication of agreement number and date of the conclusion of the agreement are entered in column 7.

4. In column 8 the currency type under the agreement is specified (USD, EUR, KGS, etc.).

5. Account numbers of contribution (deposit), the added deposit interests are brought in column 9 (deposit) (1), the overdue demand in reconvention and the added percent on the overdue demand in reconvention. The added percent on the overdue demand in reconvention of bank to the investor include also added percent on the credits having the status of not charge; penalties, penalty fee and other payments for the credit.

6. Number of personal account of contribution (deposit) of e-wallet, the added deposit interests (deposit), the overdue demand in reconvention and the added percent on the overdue demand in reconvention is introduced in column 10 separately line-by-line.

7. Data on remaining balance of deposits, electronic money and the added deposit interests (deposit), electronic money in foreign currencies are reflected in columns 11 and 13 respectively. The amounts of remaining balance in the table are reflected in units of currency with indication of the 100-th shares.

8. If the rate specified in bank deposit agreement exceeds discount rate of National Bank for date of approach of warranty case, the amount of the added percent in columns 13, 14 shall be calculated at discount rate of National Bank for date of approach of warranty case, otherwise at the rate of bank deposit agreement.

Remaining balance on deposits (deposits) and the added deposit interests (deposit), e-wallet in foreign currency is transferred to somovy equivalent and is reflected in columns 12 and 14.

9. If the remaining balance specified in columns 11 and 13 is reflected in som, they are reflected directly in columns 12 and 14.

10. When filling the column reflecting somovy equivalent of foreign currency the official rate of National Bank operating the present operational day is applied.

11. In column 15 the cumulative amount of remaining balance on deposits (deposits) and the added deposit interests (deposit) in somovy equivalent is reflected, the total sum according to column 15 shall be equal to the amount of columns 12 and 14 in final line.

12. Data on remaining balance of overdue demands in reconvention of bank to the investor are entered in columns with 16 on 19 similarly data on remaining balance of deposits. Remaining balance of requirements of bank to the investor is reflected with negative sign(s).

13. In column 20 the cumulative amount of overdue demands in reconvention of bank to the investor in somovy equivalent is reflected. The total sum on column 20 shall be equal to the amount of columns 17 on 19 in final line.

13.1. In column 21 information on disputes and legal proceedings on overdue loans and guarantees of investors is reflected.

In case of their availability overdue demands in reconvention of bank are not subject to offset, i.e. columns with 22 on 25 are not filled in and, respectively, columns 26, 27 are filled in without overdue loans and guarantees.

If lawsuits and legal proceedings on overdue loans and warranties of investors are not had, this column is not filled in.

14. In final line on each investor in columns 22-25 the amount of obligations/requirements of bank by result of offset is reflected. Offset is made on total sums in somovy equivalent.

15. Originally cumulative amount of overdue demands in reconvention of bank becomes engrossed in reading with total sum of the added deposit interests (deposit), then becomes engrossed in reading with total sum of remaining balance of deposits (deposits).

16. Remaining balance by results of offset of requirements of bank to the investor with the added deposit interests is brought in final line according to column 22 (deposit), at the same time, column 22 equals to the amount of columns 14 and 20.

17. Columns 23 and 24 are filled in by results of offset of requirements of bank to the investor with the added deposit interests (deposit), at the same time:

a) if the added deposit interests (deposit) cover requirements of bank to the client, i.e. column 22 amount positive (it is more or equally to zero), column 23 will be equal to the column 12, and column 24 equals to the amount of columns 22 and 23;

b) if the amount of the added deposit interests (deposit) does not cover the requirement of bank to the client, i.e. column 22 amount negative is (less than zero), column 23 equals to the amount of columns 12 and 22, and column 24 equals to column 23.

18. Column 25 is the transit column and is filled in as follows:

a) if requirements of the investor to bank exceed its obligations to bank i.e. the amount in final line according to column 24 positive, column 25 equals to column 24;

b) if requirement of the investor to bank there are less its obligations to bank i.e. column 24 amount negative, then column 25 is equal to zero.

19. If by results of offset the bank had requirements to the investor (total sum according to column 24 negative), then columns 26, 27 are not filled in.

20. In the 26th graph on final line the compensation amount in som is reflected. The cumulative amount which is subject to compensation on all deposits to e-wallet of the client shall not exceed the compensation amount provided by the Law of the Kyrgyz Republic "About protection of bank deposits (deposits)".

21. The remaining balance on deposits and the added deposit interests (deposit), e-wallet of the client is reflected in final line according to column 27 and is calculated as difference between the amounts of columns 24 and 26. Column 27 is filled in only if the amount of requirements to bank specified in the column 24, is more than compensation amount specified in column 26.

22. Total sums in general on bank are filled according to columns 12, of 14, of 15, of 17, of 19, of 20, 22-27, which shall equal to the amount of all total sums on bank branches.

23. In column 28 information shall be reflected: when what judicial or investigating body made the decision (resolution) on seizure of deposits, e-wallets of physical persons or individual entrepreneurs.

______________________

(1) Charge of deposit interests (deposits) is made according to domestic accounting policy of bank.

 

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