LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 12, 2022 No. 138-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation and development of the insurance market and the security market, banking activity

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994:

Table of contents to exclude 1);

2) in part two of Item 1 of Article 45:

after words of "payment institute" to add with words ", the microfinancial organization";

add with words ", microfinancial activities";

Item 3 of Article 91 to state 3) in the following edition:

"3. The joint-stock company has the right to issue secured bonds and bonds without providing, except as specified, provided by the laws of the Republic of Kazakhstan. Conditions and procedure for bond issue are determined by the legislation of the Republic of Kazakhstan on the security market.";

Item 1 of Article 136 to state 4) in the following edition:

"1. The bond - the security certifying in accordance with the terms of the release the right from the face which issued the bond, remunerations on it and nominal value of the bond in money or other property equivalent.";

Part one of Item 1 of Article 292 to state 5) in the following edition:

"1. Obligation fulfillment can be provided with penalty, pledge, deduction of property of the debtor, the guarantee, guarantee, deposit, the guarantee fee, security payment and other methods, stipulated by the legislation the Republic of Kazakhstan or the agreement.";

Chapter 18 to add 6) with the paragraph 8 of the following content:

"Paragraph 8. Security payment

Article 338-5. Concept of security payment

Monetary commitment, including obligation to pay damages or to pay penalty in case of agreement breach, it can be by agreement of the parties provided with transfer of one of the parties to property of other party of certain sum of money (security payment).

The security payment can provide the obligation which will arise in the future.

Article 338-6. Obligation fulfillment by security payment

1. In case of approach of the circumstances provided by the agreement, the amount of security payment is set off on account of execution of the corresponding obligation.

2. In case of not approach in the time of the circumstances specified in Item 1 of this Article, or the termination of secured liability security payment provided by the agreement is subject to return to property to person who earlier provided security payment if other is not provided by the agreement.

3. By the agreement the obligation of the relevant party in addition can be provided to bring or to partially return security payment in case of approach of certain circumstances.

4. On the amount of security payment remuneration (interest) is not charged if other is not provided by the laws of the Republic of Kazakhstan or the agreement.

5. Rules about security payment are applied also in cases if on account of providing securities, other financial instruments and (or) things determined by patrimonial signs are transferred to the possession.".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999:

Chapter 25 to add 1) with the paragraph 7 of the following content:

"Paragraph 7. Transaction of repo

Article 500-1. Concept of transaction of repo

Transaction of repo - the agreement, two-piece, according to which:

1) one party (the seller of repo) shall in time, established by the agreement, to transfer to the possession to other party (the buyer of repo) securities and (or) other financial instruments, and the buyer of repo shall accept these securities and (or) financial instruments and pay for them certain sum of money (opening of repo);

2) the buyer of repo shall in time, established by the agreement, to transfer to the possession to the seller of repo securities and (or) other financial instruments, and the seller of repo shall accept these securities and (or) financial instruments and pay for them certain sum of money (closing of repo).

Article 500-2. Features of transaction of repo

1. If other is not provided by the agreement, the securities and (or) other financial instruments which are subject of opening of repo and closing of repo shall be similar (one release).

2. General provisions about purchase and sale are applied to transactions of repo if it does not contradict being of transactions of repo.

3. Features and (or) restrictions on making of transactions of repo can be established by the Law of the Republic of Kazakhstan "About the security market".";

Part third of Item 1 of Article 740 to add 2) with subitems 5-1), 5-2) and 5-3) of the following content:

"5-1) on the money which is on the bank accounts intended for accounting of money of clients of the managing director of investment portfolio according to unexecuted obligations of this managing director of investment portfolio;

5-2) on the money which is on the bank accounts intended for accounting of money of clients of person performing functions of the nominee holder according to unexecuted obligations of the this person performing functions of the nominee holder;

5-3) on the money which is on bank accounts for implementation of clearing activities for transactions with financial instruments;";

Part the second Article 741 to add 3) with subitems 5-1), 5-2) and 5-3) of the following content:

"5-1) on the money which is on the bank accounts intended for accounting of money of clients of the managing director of investment portfolio according to unexecuted obligations of this managing director of investment portfolio;

5-2) on the money which is on the bank accounts intended for accounting of money of clients of person performing functions of the nominee holder according to unexecuted obligations of the this person performing functions of the nominee holder;

5-3) on the money which is on bank accounts for implementation of clearing activities for transactions with financial instruments;";

Item 5 of Article 806 to add 4) with words ", except as specified, provided by the laws of the Republic of Kazakhstan";

5) in part two of Item 1 of Article 818 of the word" (losses), received" shall be replaced with words "(expenses), received (suffered)";

Part the second Item 1 of Article 820 to add 6) with the words "and to life insurance contracts according to which the insurance contract or requirements of the laws of the Republic of Kazakhstan provide implementation of payments in the form of periodical payments";

Part one of Item 5 of Article 830 to add 7) with subitem 5-2) of the following content:

"5-2) organizations, guaranteeing implementation of insurance payments to insurers (insured, to beneficiaries) in case of liquidation of insurance company, for the purpose of, determined by the Law of the Republic of Kazakhstan "About Fund of guaranteeing insurance payments";";

To state Items 7 and 8 of Article 839 in the following edition:

"7. The decision on refusal in insurance payment is made by the insurer and told the insurer in writing with motivated reasons for causes of failure and the notification on the right of the insurer (insured, the beneficiary) to address the insurance ombudsman for settlement of disagreements taking into account features of the legislation of the Republic of Kazakhstan.

8. The refusal of the insurer make insurance payment can be appealed in court on condition of observance of procedure for dispute settlement by the insurance ombudsman according to the procedure and on the conditions provided by the laws of the Republic of Kazakhstan.";

9) in Article 841:

exclude Item 1-1;

add Item 2 with words "if other is not provided by the laws of the Republic of Kazakhstan and the insurance contract";

Item 2 of Article 842 to state 10) in the following edition:

"2. In case of refusal of the insurer of the agreement (Item 2 of Article of 841 of this Code) if it is not connected with the circumstances specified in part one of Item 1 of Article of 841 of this Code, in parts two and third this Item, the insurance premiums or insurance premiums paid to the insurer are not subject to return if the agreement does not provide other.

In case of refusal of the insurer physical person of the insurance contract, except for the agreement of annuity insurance signed according to the laws of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan" and "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" within fourteen calendar days from the date of its conclusion the insurer shall return to the insurer physical person got (received) insurance premium (insurance premiums) less part of insurance premium (insurance premiums) in proportion to time during which insurance, and the costs connected with agreement cancelation of insurance, which are not exceeding ten percent from got (received) insurance premium (insurance premiums) was effective.

In case of refusal of the insurer physical person of the insurance contract connected with the loan agreement because of execution by it (borrower) of obligations to the creditor according to the loan agreement, the insurer shall return to the insurer physical person got (received) insurance premium (insurance premiums) less part of insurance premium (insurance premiums) in proportion to time during which insurance, and the costs connected with agreement cancelation of insurance, which are not exceeding ten percent from got (received) insurance premium (insurance premiums) was effective.";

Item 2 of Article 891 to state 11) in the following edition:

"2. Transition of the property right to confidential property does not stop property trust management, except as specified, of stipulated in Item 3-1 Article 892 of this Code.";

12) in Article 892:

state Item 2 in the following edition:

"2. The information about the trustee issued securities is subject to reflection on the account of the founder of trust management (the owner of the property or competent authority authorized on cession of property in trust management) opened by the professional participant of the security market according to the procedure, established by the legislation of the Republic of Kazakhstan.";

add with Item 3-1 of the following content:

"3-1. Transition of the property right to the shares and other securities delivered in trust management stops trust management of these securities if other is not provided by the trust management agreement and (or) the agreement of alienation of shares and other securities.

In case of transition of the property right to shares and securities, the requirements of this Chapter established concerning the founder of trust management of shares and other securities are applied to the new owner of the shares and other securities which are in trust management.".

3. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

to add Article 161 part seven paragraph two after the word of "claimants" with words ", on the money which is on the bank accounts intended for accounting of money of clients of the managing director of investment portfolio according to unexecuted obligations of this managing director of investment portfolio for the money which is on the bank accounts intended for accounting of money of clients of person performing functions of the nominee holder according to unexecuted obligations of the this person performing functions of the nominee holder on the money which is on bank accounts for implementation of clearing activities for transactions with financial instruments".

4. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015:

subitem 6-2) of Item 1 of article 94 after the word to "bonds" to add with the words "including".

5. In the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015:

Part the second Article 155 to add 1) with the paragraph the fourth the following content:

"Taking measures to providing the claim concerning offsetting of requirements and (or) liquidating netting for the transaction (transactions) within the general financial agreement is not allowed.";

Subitem paragraph two 1) article 156 parts one after the word of "claimants" to add 2) with words ", on the money which is on the bank accounts intended for accounting of money of clients of the managing director of investment portfolio according to unexecuted obligations of this managing director of investment portfolio for the money which is on the bank accounts intended for accounting of money of clients of person performing functions of the nominee holder according to unexecuted obligations of the this person performing functions of the nominee holder on the money which is on bank accounts for implementation of clearing activities for transactions with financial instruments".

6. In the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan":

Article 8 to add 1) with subitem 8-1) of the following content:

"8-1) establishes the qualification requirements imposed to legal entities whose exclusive activities is collection of banknotes, coins and values which include requirements to form of business, requirements to founders (participants), including disclosure of sources of origin of their deposits to the authorized capital, requirements to the size and procedure for forming of the authorized capital, and also the room, technical means, the equipment and workers of legal entities which exclusive activities is collection of banknotes, coins and values;";

2) in Article 15:

in part two:

13) and 50) to state subitems in the following edition:

"13) rules of licensing to legal entities whose exclusive activities is collection of banknotes, coins and values which establish the qualification requirements imposed to legal entities whose exclusive activities is collection of banknotes, coins and values which include requirements to form of business, requirements to founders (participants), including disclosure of sources of origin of their deposits to the authorized capital, requirements to the size and procedure for forming of the authorized capital, and also the room, technical means, the equipment and workers of legal entities which exclusive activities is collection of banknotes, coins and values;";

"50) rules of establishment of correspondence relations between banks, banks, branches of banks - nonresidents of the Republic of Kazakhstan and the organizations performing separate types of banking activities and also establishments of correspondence relations by banks with participating banks of the International financial center "Astana";";

in the subitem 75) to replace the word "affiliirovanny" with the word "affiliated";

8) to state the subitem to part three in the following edition:

"8) is established by the size and procedure for forming of the authorized capital for the legal entities performing activities only through exchange points based on the license of National Bank of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values;";

To add 3) with Article 69-1 of the following content:

"Article 69-1. The general financial agreement with participation of National Bank of Kazakhstan

The parties of the general financial agreement with participation of National Bank of Kazakhstan perform (apply) offsetting of requirements and (or) liquidating netting according to the transaction (transactions) within the general financial agreement according to the procedure and on the conditions determined in the general financial agreement.".

7. In the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations":

add Article 14 with part five of the following content:

"For the state re-registration of the microfinancial organizations in bank are in addition represented permission of authorized body on regulation and development of the financial market on voluntary reorganization of the microfinancial organization in the form of converting to bank and the report on implementation of actions approved by it, provided by the actions plan on converting of the microfinancial organization in bank.".

8. In the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan":

In all text of the word "Affiliirovannye", "Affiliirovannymi", "affiliirovannykh", "affiliirovannymi", "affiliirovannosti", "affiliirovannym", "affiliirovannye" to replace 1) respectively with the words "Affiliated", "Affiliated", "affiliated", "affiliated", "affiliation", "affiliated", "affiliated";

Item 2 of Article 1 after the word "registration" to add 2) with the word "(re-registration)";

3) in Article 8:

in Item 3 part one:

in the subitem 1):

in the paragraph the second:

after the word of "papers" to add with words of "payment institutes";

exclude the words "in the presence at it bank holding";

the offer second to exclude;

add with paragraphs the eighteenth, nineteenth and twentieth the following content:

"the organizations (residents and nonresidents of the Republic of Kazakhstan) rendering services in provision of possibility of rendering financial and (or) payment services with use of artificial intelligence, блокчейн and other innovative technologies;

the organizations (residents and nonresidents of the Republic of Kazakhstan) rendering services in provision of possibility of transactions in rendering financial services between the financial organizations or issuers and consumers of financial services with use of information system by means of the Internet;

the organizations (residents and nonresidents of the Republic of Kazakhstan) performing development, realization, support of the software used in activities of the financial organizations including for automation of their activities;";

2) to add the subitem with paragraphs the tenth, eleventh and twelfth the following content:

"the organizations (residents and nonresidents of the Republic of Kazakhstan) rendering services in provision of possibility of rendering financial and (or) payment services with use of artificial intelligence, блокчейн and other innovative technologies;

the organizations (residents and nonresidents of the Republic of Kazakhstan) rendering services in provision of possibility of transactions in rendering financial services between the financial organizations or issuers and consumers of financial services with use of information system by means of the Internet;

the organizations (residents and nonresidents of the Republic of Kazakhstan) performing development, realization, support of the software used in activities of the financial organizations including for automation of their activities.";

add with part two of the following content:

"The requirements established by paragraphs the eighteenth, nineteenth and twentieth the subitem 1) and paragraphs the tenth, eleventh and twelfth the subitem 2) of part one of this Item extend to creation cases, and also acquisitions by banks and bank holdings of shares or shares in the authorized capital of the organizations - nonresidents of the Republic of Kazakhstan in the presence of the agreement between authorized body and the relevant supervisory authority of foreign state on exchange of information.";

in Item 9:

in the subitem 1):

"realization" shall be replaced with words the word "development, realization and support";

shall be replaced with words the words "according to legal acts of the Republic of Kazakhstan" "or other software used in activities of the financial organizations";

add with subitem 9-1) of the following content:

"9-1) implementation of intermediary services between the payer and the supplier of goods, works and services by servicing service provision, including possibility of obtaining and remote payment of goods, works and services with use of systems, programs, infrastructures of bank when the payment can be made by non-cash method;";

4) in Article 11-1:

to state part one of Item 2 in the following edition:

"2. The affiliated organizations of banks have no right to create and have the affiliated organizations, and also to have considerable equity participation, except for creations or equity participations of the organizations - the nonresidents of the Republic of Kazakhstan performing development, realization, support of the software used in activities of the financial organizations including for automation of their activities.";

in Item 6:

1) to state the subitem in the following edition:

"1) not elimination of notes of authorized body according to the submitted documents;";

add with subitems 10) and 11) of the following content:

"10) non-compliance by bank, bank holding with requirements of this Law imposed to creation of the affiliated organizations of bank, bank holding, acquisition by banks, bank holdings of shares or shares in the authorized capital of legal entities;

11) unprofitable activities of bank and (or) bank holding on the consolidated and unconsolidated bases following the results of each of the last two complete financial years preceding date of filing of application on receipt of permission to creation, acquisition of the affiliated organization in authorized body.";

add Item 7 with part three of the following content:

"The statement on receipt of permission to creation, the acquisition of the affiliated organization given within receipt of permissions to opening of bank or on voluntary reorganization of the microfinancial organization in the form of converting to bank is considered by authorized body in the terms established for consideration of the applications on issue of the specified permissions.";

the fourth Item 11 to state part in the following edition:

"Issue of permission to bank or bank holding to considerable equity participation of the organizations is performed according to the procedure, determined by regulatory legal act of authorized body.";

state Item 13 in the following edition:

"13. The authorized body withdraws permission to creation, acquisition of the affiliated organization, considerable equity participation of the organization in cases:

1) detection of false information based on which permission was issued;

2) detection of discrepancy of activities of the affiliated organization of bank and (or) bank holding, and also the organization in which the bank and (or) bank holding have considerable equity participation, to requirements of Item 3 of article 8 of this Law.

In case of withdrawal of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organization the authorized body makes the decision on cancellation of earlier issued permission within two months from the date of detection of the fact which is the basis for withdrawal of permission.";

add with Items 13-1 and 13-2 of the following content:

"13-1. The authorized body makes the decision on cancellation of earlier issued permission to creation, acquisition of the affiliated organization, considerable equity participation of the organization in cases:

1) withdrawal of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organization;

2) the terminations of activities of the affiliated organization of bank and (or) bank holding, organizations in which the bank and (or) bank holding have considerable equity participation, by reorganization (in the form of merge, accession) or liquidations;

3) absence at bank and (or) bank holding of signs of control over the affiliated organization;

4) absence at bank and (or) bank holding of signs of considerable equity participation of the organization;

5) cancellations of consent to acquisition of the status of bank holding issued by authorized body according to part three of Item 18 of article 17-1 of this Law.

The issued permission of authorized body to creation, acquisition of the affiliated organization, considerable equity participation of the organization is considered cancelled from the date of, the obtaining by authorized body of the statement of bank, bank holding following behind day with appendix of supporting documents about cancellation of earlier issued permission on the bases provided by subitems 2), 3) and 4) of part one of this Item or behind day of detection by authorized body of the facts which are the basis for cancellation of the issued permission.

In the case provided by the subitem 5) of part one of this Item, earlier issued permission of authorized body to creation, acquisition of the affiliated organization, considerable equity participation of the organization is considered cancelled from the date of cancellation of the issued consent of authorized body to acquisition of the status of bank holding.

13-2. In case of withdrawal of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organization for the bases specified in part one of Item 13 of this Article, bank and (or) bank holding shall within six months from the date of withdrawal of such permission to make alienation of the stocks owned by them (share in the authorized capital) the specified organizations to the faces which are not tied with this bank or bank holding the special relations and to submit supporting documents to authorized body.

The procedure for response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations is established by regulatory legal act of authorized body.";

5) in Article 13:

in Item 1:

exclude the words "and the refusal bases in issue";

add with part two of the following content:

"The approval procedure on voluntary reorganization of the microfinancial organization in the form of converting in bank is determined by the legislation of the Republic of Kazakhstan on microfinancial activities.";

4) to state the subitem to part one of Item 3 in the following edition:

"4) non receipt of the license for carrying out banking or other activities within one year from the date of issue of permission to opening of bank.";

6) in Article 13-1:

7) and 13) parts one of Item 2 to exclude subitems;

4) of item 4 to state the subitem in the following edition:

"4) non receipt of the license for carrying out banking and other activities within one year from the date of issue of permission to opening of bank branch - the nonresident of the Republic of Kazakhstan.";

Item 4 of Article 16 to state 7) in the following edition:

"4. The minimum size of the authorized capital of newly created bank shall be paid by his founders completely within thirty calendar days after state registration of bank.

The minimum size of the authorized capital of the bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank is created at the expense of the authorized capital of the microfinancial organization taking into account observance of requirements of part one of Item 1 of article 42 of this Law before filing of application on receipt of the license for carrying out banking and other activities.";

To state Article 16-3 in the following edition:

"Article 16-3. Features of release and (or) placement of issued securities by bank in the territory of foreign state

1. The resident bank of the Republic of Kazakhstan has the right to perform placement of issued securities in the territory of foreign state in case of observance of condition, stipulated in Item 1 article 22-1 of the Law of the Republic of Kazakhstan "About the security market".

2. The resident bank of the Republic of Kazakhstan in case of release and (or) placement of debt securities in the territory of foreign state which conditions of release provide provision of a guarantee for resident bank of the Republic of Kazakhstan in addition to the condition specified in Item 1 of article 22-1 of the Law of the Republic of Kazakhstan "About the security market" shall comply with the following additional terms:

1) conditions of release of debt securities contain regulations that debt securities can be compulsorily restructured in case of application by authorized body of measures for settlement of insolvent bank according to the procedure, provided by this Law;

2) conditions of release of debt securities contain regulations that holders of debt securities have no right to require early accomplishment of obligations to them in case of application to insolvent bank of the measures for its settlement provided by this Law.

3. Requirements of Items 1 and 2 of this Article do not extend on resident bank of the Republic of Kazakhstan and (or) the organization in case of placement of issued securities by it which conditions of release provide provision of a guarantee for resident bank of the Republic of Kazakhstan, in case of forced restructuring of obligations of insolvent resident bank of the Republic of Kazakhstan according to the procedure, provided by this Law.

4. The resident bank of the Republic of Kazakhstan which placed issued securities in the territory of foreign state notifies authorized body on results of placement of these securities according to Item 2 of article 22-1 of the Law of the Republic of Kazakhstan "About the security market".";

9) in Article 17-1:

the thirteenth and fifteenth to state paragraphs to part one of Item 9 in the following edition:

"cases when person was or is large participating physical person or the first head of the large participant earlier - the legal entity and (or) the leading employee of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan during the period no more than in one year prior to acceptance by authorized body or body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, decisions on reference of bank to category of insolvent banks or the forced redemption of its shares, deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market, or introductions in legal force of the judgment about involuntary liquidation of the financial organization, including the financial organization - the nonresident of the Republic of Kazakhstan or recognition by her bankrupt in established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, procedure. The specified requirement is applied within five years after acceptance by authorized body or body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, decisions on reference of bank to category of insolvent banks or the forced redemption of its shares, deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market or introductions in legal force of the judgment about involuntary liquidation of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, or recognition by her bankrupt in established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, procedure. For the purposes of this paragraph are also understood as the financial organization bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan;";

"on the large participating legal entities and bank holdings which are the financial organizations - nonresidents of the Republic of Kazakhstan - lack of the agreement between authorized body and bodies of financial supervision of the state which resident is the applicant, providing exchange of information;";

add Item 14 with part three of the following content:

"The statement for issue of the status of the large member of bank or bank holding submitted within receipt of permission to voluntary reorganization of the microfinancial organization in the form of converting to bank is considered by authorized body in the terms established for consideration of the application on issue of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank.";

10) in Item 3 of Article 19:

7) and 8) to exclude subitems;

9) to state the subitem in the following edition:

"9) copies of the constituent documents (the foundation agreement, the charter) which are drawn up in the procedure established by the legislation of the Republic of Kazakhstan (notarially attested in case of non-presentation of originals for reconciliation).";

10) to exclude the subitem;

11) in Article 20:

in Item 1:

state part one in the following edition:

"1. Leading employees of bank the heads and members of governing body, the head of executive body, his deputy and members of executive body, other heads of bank who are exercising coordination and (or) control of activities of structural divisions of bank and having right to sign of documents based on which banking activities, the chief accountant, the deputy chief accountant are performed are recognized.";

in word part two", except for" to exclude the chief accountant of bank;

state Item 1-1 in the following edition:

"1-1. Leading employees of bank branch - the nonresident of the Republic of Kazakhstan the head and his deputies, other heads of bank branch - the nonresident of the Republic of Kazakhstan, the exercising coordination and (or) control of activities of structural divisions of bank branch - the nonresident of the Republic of Kazakhstan and having right to sign of documents based on which banking activities, the chief accountant, the deputy chief accountant are performed are recognized. At least two leading employees of bank branch - the nonresident of the Republic of Kazakhstan shall be residents of the Republic of Kazakhstan.

The head of bank branch - the nonresident of the Republic of Kazakhstan and his deputies has no right to hold position of the head of the executive body or person solely performing functions of executive body of the legal entity, the leading employee in other financial organizations and branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - nonresidents of the Republic of Kazakhstan.";

in Item 3:

in part one:

the paragraph one to state in the following edition:

"3. Person cannot occupy (it cannot be appointed it (is chosen) on) leading employee position of bank:";

2) to state the subitem in the following edition:

"2) not having the working life established by this Article:

in international financial institutions which list is established by authorized body;

and (or) in the field of regulation, control and supervision of the financial market and the financial organizations;

and (or) in the field of provision of financial services;

and (or) on carrying out audit of the financial organizations;

and (or) in the field of regulation of services in carrying out audit of the financial organizations;";

add with subitem 2-1) of the following content:

"2-1) not conforming to the requirements established by this Article;";

the first and second the subitem 4) to state parts in the following edition:

"4) earlier being the head, the member of governing body, the head of executive body, his deputy or the member of executive body, the chief accountant, the deputy chief accountant of the financial organization, the head, the deputy manager, the chief accountant, the deputy chief accountant of bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan, the large participating physical person, the head of the large participant (bank holding) - the legal entity of the financial organization, including the financial organization - the nonresident of the Republic of Kazakhstan, during the period no more than in one year prior to acceptance by authorized body or body of financial supervision of the state which resident is the bank - the nonresident of the Republic of Kazakhstan, the decision on reference of bank, bank branch - the nonresident of the Republic of Kazakhstan to category of insolvent banks, branches of banks - nonresidents of the Republic of Kazakhstan or about forced share repurchase of bank, deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market, or introductions in legal force of the judgment about involuntary liquidation of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, or recognition by her bankrupt in established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, procedure, or introductions in legal force of the judgment about the forced termination of activities of bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan in the cases established by the laws of the Republic of Kazakhstan.

The specified requirement is applied within five years after acceptance by authorized body or body of financial supervision of the state which resident is the bank - the nonresident of the Republic of Kazakhstan, the decision on reference of bank, bank branch - the nonresident of the Republic of Kazakhstan to category of insolvent banks, branches of banks - nonresidents of the Republic of Kazakhstan or forced share repurchase of bank, deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market, or introductions in legal force of the judgment about involuntary liquidation of the financial organization, including the financial organization - the nonresident of the Republic of Kazakhstan, or recognition by her bankrupt in established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, procedure, or introductions in legal force of the judgment about the forced termination of activities of bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan in the cases established by the laws of the Republic of Kazakhstan.";

5) to state the subitem in the following edition:

"At which 5) consent to appointment (election) to leading employee position and (or) which was discharged of accomplishment of service duties in this and (or) in other financial organization, bank, insurance holding, this and (or) other bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan by means of application of measure of supervising reaction was withdrawn. The specified requirement is applied within the last twelve consecutive months after adoption by authorized body of the decision on withdrawal of consent to appointment (election) to leading employee position or about discharge from accomplishment of service duties.

Cannot occupy (it cannot be appointed it (is chosen) on) leading employee position of bank also the person who committed corruption crime or subjected within three years before date of appointment (election) to administrative punishment for making of corruption offense;";

the second to exclude part;

add with Item 3-1 of the following content:

"3-1. Cannot occupy (it cannot be appointed it (is chosen) on) position of the board member - the independent director of bank face which is the face tied with bank the special relations and (or) was it within three years preceding date of submission of the petition for its approval to position of the board member - the independent director of bank.";

state Item 5 in the following edition:

"5. Compliance to the requirement provided by the subitem 2) of Item 3 of this Article requires availability of working life for candidates for positions:

1) the head or the member of the governing body which is the member of executive body of parent bank, the head of executive body, the head of bank branch - the nonresident of the Republic of Kazakhstan - at least five years, including at least three years on executive position;

2) the head of governing body of bank - at least five years, including at least two years on executive position;

3) members of executive body of bank, the deputy manager of executive body of bank, the deputy manager of bank branch - the nonresident of the Republic of Kazakhstan at least three years, including at least two years on executive position;

4) the member of governing body at least two years, including at least one year on executive position;

5) the chief accountant of bank, bank branch - the nonresident of the Republic of Kazakhstan at least three years;

6) the deputy chief accountant of bank, bank branch - the nonresident of the Republic of Kazakhstan at least two years;

7) other heads of bank, bank branch - the nonresident of the Republic of Kazakhstan, exercising coordination and (or) control of activities of structural divisions of bank, bank branch - the nonresident of the Republic of Kazakhstan and the documents having right to sign based on whom banking activities, are performed at least one year.

Features on availability of working life for the candidates having the professional qualification confirmed with international certificates, and the list of such certificates are established by regulatory legal act of authorized body.

For candidates for positions of the members of executive body of bank supervising only safety issues, administrative questions, questions of information technologies, availability of the working life provided by the subitem 2) of Item 3 of this Article it is not required.

The working life determined by this Item does not join the work in divisions of the financial organization connected with implementation of economic activity, safety, development of information technologies and also work in the society of mutual insurance and the organization performing microfinancial activities.

The member of governing body who is the independent director having no right to hold position of the independent director of this bank more than ten consecutive years, except as specified, provided by regulatory legal act of authorized body.";

add with Item 5-1 of the following content:

"5-1. For the purposes of subitems 1), 2), 3) and 4) of part one of Item 5 of this Article the executive position is understood as position:

1) the leading employee of the financial organization, bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan;

2) the head of independent structural division of the financial organization, bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan whose activities were connected with rendering financial services;

3) the first head and his deputy, the head or the deputy manager of independent structural division of state body in the field of regulation of financial services and (or) in the field of regulation and the state control in the field of auditor activities of the financial organizations;

4) other head of the financial organization, bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan supervising the questions connected with rendering financial services.";

state Item 6 in the following edition:

"6. The candidate for leading employee position of bank has no right to perform the corresponding functions without approval of authorized body.

The member of governing body of bank has the right to perform the corresponding functions without approval of authorized body no more than sixty calendar days from the date of its election.

Leading employees of person acquiring the status of the bank holding having the right to perform the corresponding functions without approval of authorized body no more than sixty calendar days from the date of acquisition by person of signs of bank holding in case of receipt of bank holding by the legal entity of the status.

After the term specified in this Item and in case of non-presentation of complete document package on approval in authorized body or refusal by authorized body in approval the bank shall take measures for the termination of powers of this leading employee.

The head of executive body of bank (the head of bank branch - the nonresident of the Republic of Kazakhstan), the chief accountant of bank (bank branch - the nonresident of the Republic of Kazakhstan) has no right to hold position of the member of executive body (the deputy manager of bank branch - the nonresident of the Republic of Kazakhstan), the chief accountant in other banks, including being nonresidents of the Republic of Kazakhstan, bank branches - the nonresident of the Republic of Kazakhstan.

The specified restriction is not applied if banks are on the relation to each other the parent and affiliated organization.

Fulfillment of duties (substitution temporarily absent) the leading employee of bank is forbidden by the persons which are not conforming to requirements of this Article and are not approved with authorized body, except as specified assignment of fulfillment of duties of the head of executive body of bank on the member of executive body of bank for the term of no more than thirty calendar days.

The authorized body considers the documents submitted for issue of consent to appointment (election) of leading employees of bank within thirty working days from the date of representation of complete document package according to requirements of regulatory legal act of authorized body.

The authorized body stops the term of consideration of the documents submitted for receipt of consent to appointment (election) of leading employees of bank when forming of motivated judgment by authorized body concerning these leading employees or candidates for leading employee position. This term stops from the moment of the direction of the project of motivated judgment in bank to either the leading employee of bank, or the candidate for leading employee position of bank before acceptance date by authorized body of motivated judgment.

The candidate for leading employee position of bank approved by authorized body has the right to be the appointed (electee) to the approved position within twelve months from the moment of receipt of consent to appointment (election) of the leading employee of bank.

The leading employee of bank approved with authorized body can be appointed to similar leading employee position in this or other bank without receipt of consent of authorized body within six months from the date of the termination of powers of the leading employee of bank, except for the case provided by part thirteen of this Item, and response authorized body of consent to appointment (election) to leading employee position of bank on the bases, stipulated in Item the 11th this Article.

The member of governing body of bank approved with authorized body to position of the independent director within six months from the date of the termination of powers can be repeatedly elected the independent director without receipt of consent of authorized body only of this bank in case of compliance to the requirements established by this article and the subitem 20) of article 1 of the Law of the Republic of Kazakhstan "About joint-stock companies".

If after the specified terms the notification on appointment (election) of this leading employee of bank is not provided by bank to authorized body, earlier issued consent to appointment (election) of the leading employee of bank is considered invalid.";

in Item 8:

in part one:

subitems 1) to state 2) and 3) in the following edition:

"1) discrepancy of leading employees of bank and candidates for positions of leading employees of bank to the requirements established by this article, the subitem 20) of article 1, item 4 of Article 54, Item 2 of article 59 of the Law of the Republic of Kazakhstan "About joint-stock companies" and article 9 of the Law of the Republic of Kazakhstan "About financial accounting and the financial reporting";

2) negative result of testing.

Negative results of testing are:

the result of testing of the candidate makes less than seventy percent of the correct answers;

violation by the candidate of procedure for the testing determined by authorized body;

absence for testing in due time before the expiration of approval of the candidate by authorized body;

3) not elimination by bank or the candidate for leading employee position of bank of notes of authorized body in the time established by authorized body or representation by bank, bank holding or the candidate for leading employee position of bank of the documents finished taking into account notes of authorized body after Item 6 of this Article of term of consideration of documents by authorized body established by part eight;";

add with subitem 3-1) of the following content:

"3-1) violation of the procedure for election (appointment) for the candidate for leading employee position of bank established by the legislation of the Republic of Kazakhstan;";

7) and 8) to state subitems in the following edition:

"7) availability at authorized body of data (facts) on making by the candidate of the actions recognized as made for the purpose of manipulation in the security market and (or) entailed damnification to the third party (third parties).

This requirement is applied within one year from the date of approach of the earliest of the listed events:

recognitions of actions of the candidate by authorized body as made for the purpose of manipulation in the security market;

obtaining by authorized body of the facts confirming causing as a result of making of such actions of damage to the third party (third parties);

8) availability at authorized body of data that the candidate was the employee of the financial organization to which the authorized body applied measures of supervising reaction and (or) on which administrative punishment for administrative offense, stipulated in Article 259 Codes of the Republic of Kazakhstan about administrative offenses is imposed for making of actions, acknowledged as made for the purpose of manipulation in the security market, and (or) the employee of the financial organization whose actions entailed damnification of the financial organization and (or) to the third party (third parties) participating in the transaction.

This requirement is applied within one year from the date of approach of the earliest of the listed events:

recognitions of actions of the candidate by authorized body as made for the purpose of manipulation in the security market;

obtaining by authorized body of the facts confirming causing as a result of actions of the candidate of damage of the financial organization and (or) to the third party (third parties).

For the purposes of this subitem the employee of the financial organization is understood as the leading employee or person fulfilling its duties and (or) the trader of stock exchange whose competence included decision making on the questions which entailed the above-stated violations.";

the second to state part in the following edition:

"The data received by authorized body from body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan belong to the data specified in subitems 7) and 8) to part one of this Item including.";

state Items 9 and 10 in the following edition:

"9. In case of refusal authorized body in issue of consent to appointment (election) of the member of governing body of bank or the termination of its powers before issue of the specified consent or non-presentation in authorized body of documents for approval in time, stipulated in Item the 6th this Article, this person can be repeatedly designated (is elected) to position of the member of governing body of this bank not earlier than in ninety calendar days after receipt of refusal of authorized body in issue of consent to its appointment (election), the terminations of its powers, respectively, but no more than two times within twelve consecutive months.

The bank shall notify authorized body within five working days from decision date of relevant organ of bank on all changes which happened as a part of leading employees including their purpose (election), transfer into other position, termination of the employment contract and (or) the termination of powers, on involvement of the leading employee to the administrative responsibility for making of corruption offense, and also on changes in surname, name, middle name (if it is specified in the identity document) the leading employee with application of copies of supporting documents.

In case of involvement of the leading employee of bank to criminal liability the bank notifies authorized body within five working days from the date of when this information became known to bank.

In the presence of cases, the facts and (or) circumstances which form the basis for forming and use of motivated judgment by authorized body according to article 13-5 of the Law of the Republic of Kazakhstan "About state regulation control and supervision of the financial market and the financial organizations", the authorized body sends to bank the notification on forming concerning the leading employee of bank of motivated judgment.

Person concerning whom the motivated judgment having no right to start the responsibilities before decision making by authorized body according to the procedure and terms, the stipulated in Article 13-5 Laws of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations" is created.

The term provided by part eight of Item 6 of this Article stops before decision making by authorized body according to the procedure and terms, the stipulated in Article 13-5 Laws of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations".

10. In case of two consecutive refusals of authorized body in issue of consent to appointment (election) to leading employee position of bank:

1) documents under approval of this person can be repeatedly submitted to authorized body after twelve consecutive months from the date of adoption by authorized body of the decision on the second refusal in issue of consent to its appointment (election) in this bank;

2) the member of governing body of bank can be elected the leading employee of bank after twelve consecutive months from the date of adoption by authorized body of the decision on the second refusal in issue of consent to its election in this bank.";

in Item 11:

add part one with the subitem 6) of the following content:

"6) non-compliance with the requirements established by this Article.";

second and third to state parts in the following edition:

"The response authorized body of consent to appointment (election) of the leading employee of bank, bank holding is the basis for the response which is earlier issued (issued) consent (soglasiya) to this leading employee in other financial organizations, bank, insurance holdings, branches of banks - nonresidents of the Republic of Kazakhstan, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan branches of insurance brokers - nonresidents of the Republic of Kazakhstan.

The bank shall terminate the employment contract with the leading employee of bank or in case of lack of the employment contract to take measures for the termination of powers of the leading employee of bank in cases:

1) response authorized body of consent to appointment (election) to leading employee position of bank;

2) violations by bank of the procedure for election (appointment) for the candidate for leading employee position established by the legislation of the Republic of Kazakhstan.";

add with part four of the following content:

"Powers of the board member of bank at which the authorized body withdraws consent to appointment (election) to leading employee position of bank stop from the moment of obtaining by bank and (or) bank holding of this response.";

add Item 13 with part three of the following content:

"For heads of executive body of the organization performing separate types of banking activities, being the affiliated organization of national managing holding in the field of agro-industrial complex the length of service established by the subitem 2) of Item 3 of this Article joins also length of service in social business corporations.";

state Item 14 in the following edition:

"14. Leading employees of bank holding the head of governing body, his deputy and members of governing body, the head of executive body, his deputy and members of executive body, the chief accountant, the deputy chief accountant, other heads of bank holding exercising coordination and (or) control of activities affiliated (affiliated) the organizations (organizations) and (or) the organization (organizations) in which, (which) the bank holding has considerable equity participation are recognized.";

Article 21 to add 12) with part two of the following content:

"The physical person or legal entity - the nonresident of the Republic of Kazakhstan, being the founder of the bank created within voluntary reorganization of the microfinancial organization in the form of converting in bank in addition shall enclose to the application for issue of permission to voluntary reorganization of the microfinancial organization in the form of converting in bank the written notice of authorized body (for banks - nonresidents of the Republic of Kazakhstan - banking supervisor authority) the relevant state that this person is allowed to hold bank shares - resident of the Republic of Kazakhstan, or the statement of authorized body (for banks - nonresidents of the Republic of Kazakhstan - banking supervisor authority) the relevant state that such permission by the legislation of the state of the specified founder is not required.";

The subitem of-1) of Item 1 of Article 24 to state 13) in the following edition:

"-1) in cases, when the founder - physical person or the first head of executive body or governing body of the founder - the legal entity:

has the outstanding or not removed criminal record;

held position of the first head of governing body, the first head of executive body or his deputy, chief accountant, deputy chief accountant of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, during the period no more than in one year prior to acceptance by authorized body or body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, decisions on reference of bank to category of insolvent banks or the forced redemption of its shares, deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market, or introductions in legal force of the judgment about involuntary liquidation of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, or recognition by her bankrupt in established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, procedure. The specified requirement is applied within five years after acceptance by authorized body or body of financial supervision of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, decisions on reference of bank to category of insolvent banks or the forced redemption of its shares, deprivation of the license of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, entailed their liquidation and (or) the termination of implementation of activities in the financial market, or introductions in legal force of the judgment about involuntary liquidation of the financial organization, including financial organization - the nonresident of the Republic of Kazakhstan, or recognition by her bankrupt in established by the legislation of the Republic of Kazakhstan or the legislation of the state which resident is the financial organization - the nonresident of the Republic of Kazakhstan, procedure. For the purposes of this subitem are also understood as the financial organization bank branch - the nonresident of the Republic of Kazakhstan, branch of the insurance (reinsurance) organization - the nonresident of the Republic of Kazakhstan, branch of insurance broker - the nonresident of the Republic of Kazakhstan;";

14) in Article 25:

add heading with words ", re-registration of the microfinancial organization in bank";

add with parts two and third the following content:

"The state re-registration of the microfinancial organization in bank within voluntary reorganization of the microfinancial organization in the form of converting in bank is performed by Corporation based on permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank and the report on implementation of actions approved by it, provided by the actions plan on converting of the microfinancial organization in bank.

The bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank is legal successor of all its rights (requirements) and obligations.";

15) in Article 26:

state Item 2 in the following edition:

"2. Within one year from the date of issue of permission to opening of bank the applicant shall execute all organizational and technical actions, including prepare the rooms, the equipment and the software on automation of conducting financial accounting and the general ledger conforming to requirements of regulatory legal acts of authorized body and National Bank of the Republic of Kazakhstan, to hire the corresponding personnel, to approve rules of implementation of banking and other activity and to address to authorized body for receipt of the license for carrying out banking and other activities.

The bank shall provide availability in the settlement where the executive body of bank, own room with centralized access to the automated bank information system, requirements to which are provided by regulatory legal act of authorized body, is located.

Bank - the nonresident of the Republic of Kazakhstan shall provide availability in the territory of the Republic of Kazakhstan of own premises of bank branch - the nonresident of the Republic of Kazakhstan with data-processing center (server), requirements to which are provided by regulatory legal act of authorized body.";

add with Items 2-1, 2-2 and 2-3 of the following content:

"2-1. The list of the documents necessary for obtaining by legal entities - residents of the Republic of Kazakhstan licenses for carrying out banking and other activities for the first time:

1) statement;

2) the copy of the charter of the applicant (notarially attested in case of non-presentation of originals for reconciliation);

3) the document confirming payment in the budget of the license fee on the occupation right with separate types of activity, except as specified payments through payment gateway of "the electronic government";

4) documents of persons offered to positions of leading employees of bank according to requirements of article 20 of this Law;

5) the regulations on service of internal audit, credit committee approved by the board of directors of bank;

6) the staff list with indication of surnames, names and middle names (if they are specified in the identity document) employees;

7) copies of the documents confirming payment of the authorized capital which minimum size is established by regulatory legal act of authorized body;

8) the documents confirming fulfillment of requirements of Item 2 of this Article, according to the procedure, established by regulatory legal acts of authorized body.

2-2. The list of the documents necessary for obtaining by bank branch - the nonresident of the Republic of Kazakhstan licenses for carrying out banking and other activities for the first time:

1) the documents confirming fulfillment of requirements of Item 2 of this Article, according to the procedure, established by regulatory legal acts of authorized body;

2) the documents provided by subitems 1), 3), 4) and 6) of Item 2-1 of this Article;

3) the document confirming forming of the assets accepted as reserve according to part two of Item 6 of article 42 of this Law;

4) the regulations on service of internal audit, credit committee approved by the board of directors of bank - the nonresident of the Republic of Kazakhstan.

2-3. Within one year from the date of issue of permission of authorized body to voluntary reorganization of the microfinancial organization in the form of converting in bank according to the Law of the Republic of Kazakhstan "About microfinancial activities" the applicant shall execute all organizational and technical actions, stipulated in Item 2 these Articles, and no later than thirty calendar days before the termination of the term of converting specified in permission of authorized body, to address to authorized body for receipt of the license for carrying out banking and other activities.";

exclude item 4;

in Item 5:

the second to state part in the following edition:

"The statement for licensing for the carrying out banking and other activities given within voluntary reorganization of the microfinancial organization in the form of converting to bank shall be considered by authorized body within ten working days from the date of submission of the documents conforming to requirements of the legislation of the Republic of Kazakhstan.";

add with part three of the following content:

"The statement for renewal of the license, except as specified, the stipulated in Article 34 Laws of the Republic of Kazakhstan "About permissions and notifications", shall be considered by authorized body within fifteen working days from the date of submission of the documents conforming to requirements of the legislation of the Republic of Kazakhstan.";

16) in Article 27:

the second Item 2 to exclude part;

the second Item 3 to exclude part;

17) in Article 29:

to state part one of Item 6 in the following edition:

"6. The compulsory provision of opening by bank of branches, increases in number of additional premises of the branches including which are to several addresses non-use by authorized body or court to bank within three months preceding date of accounting registration of branch in Corporation or acceptance date bank of the decision on increase in number of the additional rooms of operating subsidiary of bank including which are to several addresses, the sanction, stipulated in Item 1 article 47-2 of this Law, and also administrative punishments for the administrative offenses provided by parts six, the seventh, eighth and ninth Article 213, part one of article 227 of the Code of the Republic of Kazakhstan about administrative offenses is.";

the third and fourth Item 8 to state parts in the following edition:

"In case of increase in number of additional premises of bank branch, reduction of number of premises of bank branch or change of the location of premises of bank branch the bank shall within thirty working days from acceptance date bank of the decision on increase in number of additional premises of bank branch, reduction of number of premises of bank branch or change of the location of premises of bank branch to provide the statement from such decision containing addresses of the specified premises of bank branch to authorized body.

In case of increase in number of additional premises of bank branch - the nonresident of the Republic of Kazakhstan, reduction of quantity or change of the location of its rooms the bank branch - the nonresident of the Republic of Kazakhstan shall within thirty working days from acceptance date bank branch - the nonresident of the Republic of Kazakhstan of the decision on increase in number of additional premises of bank branch - the nonresident of the Republic of Kazakhstan, reduction of number of premises of bank branch - the nonresident of the Republic of Kazakhstan or change of their location to provide to authorized body the statement from such decision of branch containing addresses of the specified premises of bank branch - the nonresident of the Republic of Kazakhstan.";

state Item 13 in the following edition:

"13. The representative office of bank - the nonresident of the Republic of Kazakhstan shall within thirty working days from the date of accounting re-registration in Corporation notify authorized body on modification and (or) amendments in regulations on representation with application of copies of these documents.

In case of the modification and (or) amendments of regulations on representation which are not attracting accounting re-registration, representative office of bank - the nonresident of the Republic of Kazakhstan shall within thirty working days from the date of acceptance of the statement by Corporation (the electronic notification) and documents on the made changes and (or) additions to submit to authorized body the document confirming their acceptance, and notarially attested copies of changes and (or) amendments in regulations on representation.";

18) in Item 11 of Article 30:

in the subitem 9) to exclude parts one of the word "and other financial instruments";

the second to exclude part;

Article 32 to add 19) with Items 6 and 7 of the following content:

"6. The bank within ten working days after receipt of the license for carrying out banking or other activities sends the notification to clients by the method provided by the agreement on provision of the microcredit, on the taken place voluntary reorganization of the microfinancial organization in the form of converting in bank with indication of the list of the performed banking and other activities.

7. The bank created as a result of voluntary reorganization of the microfinancial organization in the form of converting in bank is forbidden to change conditions of agreements on provision of the microcredit, except for changes of conditions towards their improvement for borrowers.";

20) Article 33 to add with Item 3 following of content:

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