RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of October 27, 2006 No. 106

About approval of Rules of the organization of exchange transaction with cash foreign currency in the Republic of Kazakhstan

According to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and for the purpose of enhancement of the regulatory legal base regulating implementation of the activities connected with use of currency values Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan.

2. Recognize invalid the regulatory legal acts specified in appendix to this resolution.

3. This resolution becomes effective since January 01, 2007 and is subject to official publication.

4. To department of paying balance and currency control (N.N.'s Dyugay):

1) together with Legal department (Sharipov S. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution to bring it to the attention of the interested divisions of central office, territorial branches of National Bank of the Republic of Kazakhstan, Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations and Consolidation of legal entities "The association of financiers of Kazakhstan".

5. To management on ensuring activities of management of National Bank (Terentyev A. L.) in three-day time from the date of obtaining from Department of paying balance and currency control of the request for publication to take measures to publication of this resolution in mass media of the Republic of Kazakhstan.

6. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Aymanbetova G. Z.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2006 No. 106

Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan

Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan (further - Rules) are developed according to the Laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of June 13, 2005 "About currency control and currency exchange control", of January 11, 2007 "About licensing" and determine procedure for the organization, carrying out exchange transactions with cash foreign currency in the Republic of Kazakhstan through exchange points (including automated), establish procedure for creation and licensing of authorized organizations, qualification requirements to them, and also order of registration (opening) of exchange points.

Chapter 1. Basic concepts

1. For the purposes of Rules the basic concepts specified in the Law of the Republic of Kazakhstan of June 13, 2005 "About currency control and currency exchange control" (further - the Law), and also the following concepts are used:

1) the automated exchange point - the electronic and mechanical device allowing to perform exchange transactions by cash deposit of money in this device and obtaining from it cash of the equivalent amount in other currency;

2) exchange transactions - the transactions on purchase, sale and exchange of cash foreign currency performed through exchange points and the automated exchange points;

3) the legal entity having the right to the organization of exchange transactions with foreign currency - authorized bank or authorized organization;

4) the market rate of currency exchange - the weighted stock exchange rate of tenge to foreign currency which developed at the morning (main) session of Kazakhstan stock exchange joint-stock company (further - the exchange) and No. 15 determined according to the resolution of Board of National Bank of the Republic of Kazakhstan of January 25, 2013 and the order of the Minister of Finance of the Republic of Kazakhstan of February 22, 2013 No. 99 "About establishment of procedure for determination and application of the market rate of currency exchange", registered in the Register of state registration of regulatory legal acts at No. 8378;

5) computer system - the automated electronic system registered in tax authority and providing accounting of exchange transactions;

6) cross-rate - the course ratio between two foreign currencies determined on the basis of the market rate of exchange of these currencies in relation to the Kazakhstani tenge or to other foreign currency in case of lack of quotations to the Kazakhstani tenge;

7) cash foreign currency - the banknotes and treasury notes accepted by foreign states as legal means of payment which are in circulation;

8) the registration certificate - the registration certificate of exchange point granted by National Bank of the Republic of Kazakhstan (further - National Bank) according to Item 2 of article 6 of the Law;

9) the electronic license - the license in electronic form which is drawn up and issued with use of information technologies equivalent licenses on paper.

Chapter 2. Procedure for creation of authorized organizations

2. The authorized capital of authorized organizations is created in full according to requirements of Items 15, of 16 Rules to the appeal of authorized organization behind receipt of the license or behind registration of additional exchange points.

3. The authorized organization is created in the form of limited liability partnership.

Authorized organizations are forbidden to create representations both in the territory of the Republic of Kazakhstan, and beyond its limits, and also to be founder or to participate in the authorized capital of other legal entities.

4. The authorized organization creates branches out of area, the capital or the city of republican value of the location of authorized organization.

5. The authorized organization within 10 (ten) working days from the date of accounting registration of branch in judicial authorities, and also changes of the location of branch sends the notification on opening of branch (change of the location) with indication of details of its location to territorial branch of National Bank (daleefiliat National Bank) in the location of branch of authorized organization.

6. Founders of authorized organization are physical and legal litsarezidenta and nonresidents of the Republic of Kazakhstan, except for persons specified in part two of this Item.

Person which was the founder (one of founders) of the authorized organization deprived of the license for the organization of exchange transactions with foreign currency before the expiration of three years from the date of the relevant decision of branch of National Bank about deprivation of the license for the organization of exchange transactions with foreign currency cannot be the founder (one of founders) of authorized organization.

7. No. 110 is excluded compliance with the Resolution of Board of National Bank of the Republic of Kazakhstan of 26.04.2013

8. No. 202 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 04.07.2012

9. No. 110 is excluded compliance with the Resolution of Board of National Bank of the Republic of Kazakhstan of 26.04.2013

10. No. 110 is excluded compliance with the Resolution of Board of National Bank of the Republic of Kazakhstan of 26.04.2013

11. The authorized organization in time no later than 10 (ten) working days from the date of registration and (or) the notice of judicial authorities represents to branch of National Bank the new edition of the charter and (or) documents confirming entering into the charter of authorized organization of the following changes and amendments:

change of the size of the authorized capital created in cash;

change of list of founders;

change of the name of authorized organization;

change of legal address of authorized organization.

12. In the case provided in Item 11 of Rules the copy of new edition of the charter or the changes and additions made to the charter (notarially attested in case of non-presentation of the original for reconciliation) with mark of judicial authorities about registration or the document confirming the fact of the notice of judicial authorities is submitted.

Information about founders (participants) of authorized organization for form, is represented according to appendix 2 to Rules if the list of founders and the size of the authorized capital created in cash changed.

If changes and additions made to the charter of authorized organization concern the size of the authorized capital created in cash the document of bank of the second level confirming change of the size of the authorized capital at the expense of money contributions is submitted.

13. No. 202 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 04.07.2012

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info