RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of July 10, 2019 No. 2019-P-12/36-3-(NPA)

About modification and amendments in the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for hearing of cases about violations in National Bank of the Kyrgyz Republic" of December 19, 2018 No. 2018-P-12/55-6-(NPA)

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. Make changes and additions to the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for hearing of cases about violations in National Bank of the Kyrgyz Republic" of December 19, 2018 No. 2018-P-12/55-6-(NPA) (are applied).

2. This resolution becomes effective after fifteen days from the date of official publication.

3. 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.

4. To management of methodology of supervision and licensing of banks to bring this resolution to the attention of OYuL "Union of Banks of Kyrgyzstan", commercial banks, OYuL "Association of the Microfinancial Organizations", the microfinancial organizations, specialized financial credit institution of JSC Finance Company of Credit Unions, credit unions, Associations of exchange bureaus "Alyans", exchange bureaus, credit bureaus, structural divisions, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

5. To impose control of execution of this resolution on the board member supervising Management of methodology of supervision and licensing of banks.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of July 10, 2019 No. 2019-P-12/36-3-(NPA)

Changes and amendments in the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for hearing of cases about violations in National Bank of the Kyrgyz Republic" of December 19, 2018 No. 2018-P-12/55-6-(NPA)

1. Bring in the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Instruction for hearing of cases about violations in National Bank of the Kyrgyz Republic" of December 19, 2018 No. 2018-P-12/55-6-(NPA) the following changes and amendments:

in the Instruction for hearing of cases about violations in National Bank of the Kyrgyz Republic approved by the above-stated resolution:

- state Item 1 in the following edition:

"1. The National Bank considers cases on the violations provided by Articles 209-215, parts 1 and 2 of Article 216, of 243, 264-266 Codes about violations.";

- in Item 2:

state subitem 1 in the following edition:

"1) Structural divisions of the supervising block - for the violations provided by Articles 209-211, 213, of 215, 216 (parts 1 and 2), 243, 264-266 Codes about violations;";

in the subitem 4 after figure "216" to add with words "(parts 1 and 2)";

in the subitem 5 after figure "216" to add with words "(parts 1 and 2), 264";

- state Item 3 in the following edition:

"3. Consider cases on violations and apply penalties by pronouncement of the resolution on the case of violation the commission of National Bank on hearing of cases about violations (further - the commission), except as specified, stipulated in Item the 12th this Instruction has the right.

The personal and quantitative structure of the commission affirms the order of National Bank.

Persons replacing them on position according to the order of National Bank take part in absence of the commission chairman and other members of the commission in work of the commission.

Commission session is considered competent if at meeting there is most of members of the commission.";

- Add the instruction with Items 3-1 and 3-2 of the following content:

"3-1. Decisions of the commission are made by vote. The decision is deemed accepted if most of the members of the commission who are present at meeting voted for it.

3-2. Commission chairman:

- opens and conducts commission sessions;

- takes out determination about timing and places of consideration of the case (Appendix 2);

- takes out determination about return of the protocol on violation and other case papers in authorized division, in case of creation and execution of case papers by unauthorized persons; incorrect/wrong creation of the protocol on violation and execution of other case papers; incompleteness of the provided materials which cannot be filled when considering the case (Appendix 4).";

- state item 4 in the following edition:

"4. Physical persons and legal entities in the limits provided by Articles 209-215, 216 are subject to responsibility for making of violation (parts 1 and 2), 243, 264-266 Codes about violations.";

- state Item 11 in the following edition:

"11. The authorized division sends for consideration of the commission chairman the protocol on violation together with other materials containing proofs of violation and/or explanation of person made responsible for violation making, within a day from the moment of its creation.";

- in Item 13:

in paragraph one of the word "Authorized person" to replace with the word "commission";

state paragraph two in the following edition:

"-whether consideration of this case is within the competence of National Bank, including availability questions in the materials of signs of criminal offense or offense and need of transfer of the protocol on violation provided to consideration of the commission and other case papers to body of the investigation or inquiry of competence become clear;";

- add with Item 13-1 of the following content:

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