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

of November 23, 2022 No. 107

About introduction of amendments to 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. 36 "About approval of Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan and the bases of refusal in issue of permission to opening of bank, Rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan"

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

1. 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. 36 "About approval of Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan and the bases of refusal in issue of permission to opening of bank, Rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 20228) the following changes:

state heading in the following edition:

"About approval of Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan, Rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan";

state Item 1 in the following edition:

"1. Approve:

1) Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan according to appendix 1 to this resolution;

2) Rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan according to appendix 2 to this resolution.";

in Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan and the refusal bases in issue of permission to opening of bank approved by the specified resolution:

state heading in the following edition:

"Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan";

state Items 1 and 2 in the following edition:

"1. These rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), "About state regulation, control and supervision of the financial market and the financial organizations", "About the state services" (further – the Law on the state services), "About permissions and notifications" (further – the Law on permissions and notifications) and determine procedure for issue by authorized body by regulation, control and supervision of the financial market and the financial organizations (further – authorized body, the service provider) permissions to opening of bank, branch of nonresident bank of the Republic of Kazakhstan (further – permission, the state service).

Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body, also the Single contact center within 5 (five) working days after state registration in judicial authorities of the corresponding regulatory legal act goes to the operator of information and communication infrastructure of "the electronic government".

2. In Rules the concepts applied in the values specified in the Law on banks, the Law on the state services, the Law on permissions and notifications, the laws of the Republic of Kazakhstan "About the electronic document and the digital signature" and "About informatization are used".";

5, 6 and 7 to state Items in the following edition:

"5. The list of the main requirements to rendering the state service is given in appendix 3 to Rules.

Issue to uslugopoluchatel of consent to implementation of the subspecies of the state service specified in the List of the main requirements to rendering the state service is performed according to Rules.

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

6. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of the statement performs its acceptance, registration and the direction on execution in the division responsible for rendering the state service (further – responsible division). In case of receipt of the statement of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan" reception of applications is performed the next working afternoon.

7. The employee of responsible division within 10 (ten) working days from the date of registration of a statement checks completeness of the submitted documents.

The authorized body receives from the information systems used for rendering the state services, or service of digital documents of the data, specified in documents:

proving the identity of the physical person – the resident of the Republic of Kazakhstan;

confirming absence at the physical person – the resident of the Republic of Kazakhstan of not removed or unspent conviction;

about state registration (re-registration) of the legal entity – the resident of the Republic of Kazakhstan.

In case of factual determination of incompleteness of the submitted documents and (or) documents with the expired effective period the responsible division within 10 (ten) working days from the moment of receipt of documents of uslugopoluchatel prepares and directs motivated refusal in further review of the statement through the portal to "personal account" of uslugopoluchatel".;

state Item 9 in the following edition:

"9. Information on stage of rendering the state service is updated in the automatic mode in information system of monitoring of rendering the state services.

The notification on issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan goes to uslugopoluchatel and to The Government for Citizens State corporation.";

1, of 2, 3 and 4 to state appendices in edition according to appendices 1, of 2, 3 and 4 to this resolution;

in Rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of the Islamic nonresident banks of the Republic of Kazakhstan approved by the specified resolution:

1, 2 and 3 to state Items in the following edition:

"1. These rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan (further – Rules), are developed according to the laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), "About the security market", "About state regulation, control and supervision of the financial market and the financial organizations", "About the state services" (further – the Law on the state services), "About permissions and notifications" (further – the Law on permissions and notifications) and determine procedure for licensing by authorized body by regulation, control and supervision of the financial market and the financial organizations (further – authorized body, the service provider) banks, branches of nonresident banks of the Republic of Kazakhstan, Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan (further – uslugopoluchatel) on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan and on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan.

Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body, also the Single contact center within 5 (five) working days after state registration in judicial authorities of the corresponding regulatory legal act goes to the operator of information and communication infrastructure of "the electronic government".

2. In Rules the concepts applied in the values specified in the Law on banks, the Law on the state services, the Law on permissions and notifications, the laws of the Republic of Kazakhstan "About the electronic document and the digital signature" and "About informatization are used".

3. Documents are provided on paper or in electronic form through the web portal of "the electronic government" www.egov.kz (further – the portal).

The list of the main requirements to rendering the state service "Licensing to Banks, Branches of Nonresident Banks of the Republic of Kazakhstan on Carrying Out the Banking and Other Activities Provided by the Bank Law of the Republic of Kazakhstan" is given in appendix 1 to Rules.

The list of the main requirements to rendering the state service "Licensing for Carrying Out the Banking and Other Activities Performed by Islamic Banks, Branches of Islamic Nonresident Banks of the Republic of Kazakhstan" is given in appendix 2 to Rules.

Issue to uslugopoluchatel of consent to implementation of subspecies of the state services "Licensing to Banks, Branches of Nonresident Banks of the Republic of Kazakhstan on Carrying Out the Banking and Other Activities Provided by the Bank Law of the Republic of Kazakhstan" and "Licensing for Carrying Out the Banking and Other Activities Performed by Islamic Banks, Branches of Islamic Nonresident Banks of the Republic of Kazakhstan" (further – the state services) specified in the List of the main requirements to rendering the state service according to appendix 1 to Rules and the List of the main requirements to rendering the state service according to appendix 2 to Rules is performed according to Rules.

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

Information on stage of rendering the state services is updated in the automatic mode in information system of monitoring of rendering the state services.";

state Item 5 in the following edition:

"5. The authorized body receives from the information systems used for rendering the state services, or service of digital documents of the data, specified in documents on state registration (re-registration) of the legal entity – the resident of the Republic of Kazakhstan.";

state Item 8 in the following edition:

"8. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of the statement for licensing for carrying out banking and other activities performs its acceptance, registration and the direction on execution in the division responsible for rendering the state service (further – responsible division). In case of receipt of the statement of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan" (further – the Law on holidays), reception of applications is performed the next working afternoon.

The employee of responsible division within 2 (two) working days following behind day of registration of a statement about licensing for carrying out banking and other activities checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents and (or) documents with the expired effective period the responsible division within 2 (two) working days following behind day of receipt of documents of uslugopoluchatel prepares and directs motivated refusal in further review of the statement for licensing for carrying out banking and other activities.";

16, 17 and 18 to state Items in the following edition:

"16. The worker of the service provider, the representative on acceptance and registration of correspondence, in day of receipt of the statement for renewal of the license performs its acceptance, registration and the direction on execution in responsible division. In case of receipt of the statement of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan and the Law on holidays reception of applications is performed the next working afternoon.

The employee of responsible division within 2 (two) working days following behind day of registration of a statement about renewal of the license checks completeness of the submitted documents.

In case of factual determination of incompleteness of the submitted documents and (or) documents with the expired effective period the responsible division within 2 (two) working days following behind day of receipt of documents of uslugopoluchatel prepares and directs motivated refusal in further review of the statement for renewal of the license.

17. After factual determination of completeness of the submitted documents and (or) documents with the expired effective period the responsible division during the term of rendering the state service considers documents regarding their compliance to requirements of the bank law of the Republic of Kazakhstan.

In case of identification of the bases for refusal in renewal of the license for carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, the authorized body notifies uslugopoluchatel on the provisional solution about refusal in renewal of the license, and also time and the place (method) of carrying out hearing for provision to uslugopoluchatel 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 decision making about refusal in rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of obtaining by uslugopoluchatel of the notification on the provisional solution about refusal in rendering the state service.

By results of consideration of the documents submitted by uslugopoluchatel and (or) the responsible division prepares carrying out hearing and sends for consideration of the authorized person of the service provider the draft of the order on renewal of the license or motivated refusal in renewal of the license. The authorized person of the service provider signs the draft of the order on renewal of the license or motivated refusal in renewal of the license.

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