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

of October 20, 2022 No. 72

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the insurance market

Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the insurance market to which changes and additions, according to appendix to this resolution are made.

2. To provide to department of the insurance market and actuarial calculations in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after sixty calendar days after day of its first official publication.

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 20, 2022 No. 72

The list of regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the insurance market to which changes and additions are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 54 "About approval of Rules of issue of permission to voluntary reorganization of the insurance (reinsurance) organization (insurance holding) or refusal in issue of the specified permission" (it is registered in the Register of state registration of regulatory legal acts at No. 7542) the following changes and amendments:

in the Rules of issue of permission to voluntary reorganization of the insurance (reinsurance) organization (insurance holding) or refusal in issue of the specified permission approved by the specified resolution:

add with Item 1-1 of the following content:

"1-1. Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body and goes to the operator of information and communication infrastructure "the electronic government.";

state Item 2 in the following edition:

"2. The insurance (reinsurance) organization (insurance holding) (further – the applicant) provides in authorized body the petition on receipt of permission to carrying out voluntary reorganization of the insurance (reinsurance) organization (insurance holding) (further – the petition) in form according to appendix 1 to Rules in electronic form through the web portal of "the electronic government" www.egov.kz (further – the portal), with application of documents, the main requirements to rendering the state service "Issue of Permission to Voluntary Reorganization of the Insurance (Reinsurance) Organization and Insurance Holding" specified in the List (further – the state service).

The list of the documents necessary for rendering the state service is provided in the List of the main requirements to rendering the state service "Issue of Permission to Voluntary Reorganization of the Insurance (Reinsurance) Organization and Insurance Holding" according to appendix 2 to Rules.

In case of the direction the applicant of the petition through the portal in "personal account" automatically displays the status about acceptance of request for rendering the state service with indication of date and time of receipt of result.";

add with Item 6-1 of the following content:

"6-1. In case of acceptance by general meeting of shareholders of the insurance (reinsurance) organization of the decision on cancellation of the decision on voluntary reorganization of the insurance (reinsurance) organization which is earlier made by it in the legal entity who is not performing insurance (reinsurance) activity, the insurance (reinsurance) organization within 5 (five) calendar days from the date of signing of the protocol of general shareholder meeting represents to authorized body the business plan according to the subitem 2) of Item 2 and Item 3 of article 37 of the Law.";

state Item 8 in the following edition:

"8. The employee of authorized body authorized on acceptance and registration of correspondence in day of receipt of the petition performs its acceptance, registration and the direction on execution in the division of authorized body responsible for rendering the state service (further – responsible division). In case of the address of the applicant after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", documents acceptance is performed the next working afternoon.

The employee of responsible division within 5 (five) working days from the date of registration of the petition checks completeness of the submitted documents.

In case of factual determination of incompleteness and (or) expiration of the submitted documents, the employee of responsible division within the specified term prepares and directs to the applicant motivated refusal in further review of the petition.

In case of factual determination of completeness of the submitted documents the employee of responsible division during the term of rendering the state service considers documents regarding their compliance to requirements of Items 3, of 4 Rules and Item 8 of the List of the main requirements to rendering the state service "Issue of Permission to Voluntary Reorganization of the Insurance (Reinsurance) Organization and Insurance Holding" according to appendix 2 to Rules.

In case of identification of the bases for refusal in rendering the state service the authorized body notifies the applicant on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for provision to the applicant of opportunity to express line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of consideration of the documents submitted by the applicant of hearing the responsible division prepares and submits for consideration of Board of authorized body the draft of the resolution on issue (about refusal in issue) permissions to carrying out voluntary reorganization of the insurance (reinsurance) organization (insurance holding) (further – result of rendering the state service).

The employee of responsible division within 4 (four) working days after adoption by authorized body of the decision on issue (about refusal in issue) permissions to voluntary reorganization of the insurance (reinsurance) organization and insurance holding directs result of the rendering the state service to the applicant in "personal account" in electronic form certified by the digital signature of the authorized person of authorized body.

Processes of rendering the state services in all subspecies are identical.";

state appendix 2 in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning rendering the state services in the insurance market to which changes and additions are made (further – the List).

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 No. 129 "About approval of Rules of issue of the insurance (reinsurance) organization and (or) to insurance holding of permission to creation or acquisition of the affiliated organization, considerable equity participation of the organizations, withdrawal of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations, and also requirements to the documents necessary for receipt of permission to creation or acquisition of the affiliated organization, Requirements to contents of the statement on obtaining by the insurance (reinsurance) organization and (or) insurance holding of permission to considerable equity participation of the organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 7619) the following changes and amendment:

in Rules of issue of the insurance (reinsurance) organization and (or) to insurance holding of permission to creation or acquisition of the affiliated organization, considerable equity participation of the organizations, withdrawal of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations, and also the requirements to the documents necessary for receipt of permission to creation or acquisition of the affiliated organization approved by the specified resolution:

add with Item 1-1 of the following content:

"1-1. Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body and goes to the operator of information and communication infrastructure "the electronic government.";

state Items 3 and 4 in the following edition:

"3. For receipt of permission to creation or acquisition of the affiliated organization the uslugopoluchatel provides in authorized body the statement according to appendix 1 to Rules in electronic form through the web portal of "the electronic government" www.egov.kz (further – the portal), with application of documents, the main requirements to rendering the state service specified in the List according to appendix 2 to Rules (further – the List of the main requirements to rendering the state service).

Application for receipt of permission to the considerable equity participation of the organizations issued according to Requirements to contents of the statement on obtaining by the insurance (reinsurance) organization and (or) insurance holding of permission to considerable equity participation of the organizations according to appendix 2 to this resolution, and the documents attached to it specified in the List of the main requirements to rendering the state service are represented to authorized body in electronic form through the portal.

4. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of documents performs their acceptance, registration and the direction on execution in the division of authorized body responsible for rendering the state service (further – responsible division). In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", documents acceptance is performed the next working afternoon.

In case of the direction the applicant of statements through the portal in "personal account" automatically displays the status about acceptance of request for rendering the state service with indication of date and time of receipt of result.

The employee of responsible division within 5 (five) working days from the date of registration of document package checks completeness of the submitted documents and effective period of documents.

In case of factual determination of incompleteness and (or) expiration of the submitted documents the employee of responsible division within the specified term prepares and directs to uslugopoluchatel to "personal account" motivated refusal in further review of the statement.

The motivated refusal in further review of the statement signed by the EDS of the authorized person of authorized body goes to uslugopoluchatel in electronic form.

In case of factual determination of completeness of the submitted documents the employee of responsible division during the term of rendering the state service considers documents regarding their compliance to the requirements established by Chapter 3 of Rules and Item 7 of the List of the main requirements to rendering the state service.

In case of identification of the bases for refusal in rendering the state service the authorized body notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for provision to the applicant of opportunity to express line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of consideration of the documents submitted by the applicant of hearing the responsible division prepares and submits for consideration of Board of authorized body the draft of the resolution on issue (about refusal in issue) permissions to creation or acquisition of insurance affiliated company (reinsurance) organization and (or) insurance holding, considerable participation of the insurance (reinsurance) organization and (or) insurance holding in the capital of the organizations (further – result of rendering the state service).

The employee of responsible division within 4 (four) working days after adoption by authorized body of the decision on issue (about refusal in issue) permissions to creation or acquisition of the affiliated organization, considerable equity participation of the organizations directs result of the rendering the state service to the applicant in "personal account" in electronic form certified by the EDS of the authorized person of authorized body.

Processes of rendering the state services in all subspecies are identical.";

state Item 9 in the following edition:

"9. The list of the documents and data requested at uslugopoluchatel for rendering the state service is specified in the List of the main requirements to rendering the state service according to appendix 2 to Rules.";

to state heading of Chapter 4 in the following edition:

"Chapter 4. Procedure for response, cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations";

state Items 14 and 15 in the following edition:

"14. The insurance (reinsurance) organization and (or) insurance holding make alienation of the stocks owned by them (share in the authorized capital) the organizations within 6 (six) months from the date of response by authorized body of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations and provide in authorized body supporting documents within 5 (five) working days from the date of alienation.

15. The authorized body cancels earlier issued permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations for the bases specified in Item 13-1 of article 32 of the Law.

Earlier issued permission is considered cancelled from the date of, the obtaining following behind day from authorized body of the notification on cancellation of earlier issued permission.

The insurance (reinsurance) organization and (or) insurance holding address to authorized body with the petition for cancellation of the permission to creation, acquisition of the affiliated organization which is earlier issued by the authorized body, considerable equity participation of the organization constituted in any form within 5 (five) working days from the date of emergence of one of the bases, stipulated in Item 13-1 article 32 of the Law.";

state appendix 2 in edition according to appendix 2 to the List;

3. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 30, 2020 No. 44 "About approval of Rules of issue of permissions to voluntary liquidation of the insurance (reinsurance) organizations, the voluntary termination of activities of branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan or refusal in issue of the specified permissions" (it is registered in the Register of state registration of regulatory legal acts at No. 20254) the following changes and amendments:

in Rules of issue of permissions to voluntary liquidation of the insurance (reinsurance) organizations, the voluntary termination of activities of branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan or refusal in issue of the specified permissions approved by the specified resolution:

add with Item 1-1 of the following content:

"1-1. Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body and goes to the operator of information and communication infrastructure "the electronic government.";

state Item 2 in the following edition:

"2. The insurance (reinsurance) organization (further – uslugopoluchatel) addresses to authorized body for receipt of permission after transfer of the insurance portfolio consisting of obligations of the insurance (reinsurance) organization according to the insurance contracts (reinsurance) signed by it in others the insurance (reinsurance) organization and (or) branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan having the license on the transferred classes of insurance and being participants of system of guaranteeing insurance payments.

The insurance (reinsurance) organization represents to authorized body the petition for issue of permission to voluntary liquidation of the insurance (reinsurance) organization in form according to appendix 1 to Rules (further – the petition) in electronic form through the web portal of "the electronic government" www.egov.kz (further – the portal), with application of documents, the main requirements to rendering the state service "Issue of Permissions to Voluntary Liquidation of the Insurance (Reinsurance) Organization, Voluntary Termination of Activities of Branch of the Insurance (Reinsurance) Nonresident Organization of the Republic of Kazakhstan" specified the List according to appendix 3 to Rules (further – the List of the main requirements to rendering the state service).";

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

"2-1. In case of acceptance by general meeting of shareholders of the insurance (reinsurance) organization of the decision on cancellation of the decision on voluntary liquidation of the insurance (reinsurance) organization which is earlier made by it the insurance (reinsurance) organization within 3 (three) calendar days from the date of creation and signing of the protocol of general meeting of shareholders of the insurance (reinsurance) organization represents to authorized body the business plan according to the subitem 2) of Item 2 and Item 3 of article 37 of this Law on insurance activity.

2-2. In case of adoption by the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan of the decision on cancellation of the decision on the voluntary termination of activities of branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan which is earlier made by it the branch of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan within 3 (three) calendar days from the date of creation and signing of the protocol of the insurance (reinsurance) nonresident organization of the Republic of Kazakhstan represents to authorized body the business plan according to the subitem 2) of Item 2 and Item 3 of article 37 of the Law on insurance activity.";

state Item 3 in the following edition:

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