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

of October 30, 2023 No. 78

About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 65 "About approval of forms, terms and frequency of provision by liquidation commissions voluntarily and compulsorily liquidated insurance (reinsurance) organizations, voluntarily and the branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan of reports which are compulsorily stopping activities and the additional information"

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 National Bank of the Republic of Kazakhstan of February 29, 2016 No. 65 "About approval of forms, terms and frequency of provision by liquidation commissions voluntarily and compulsorily liquidated insurance (reinsurance) organizations, voluntarily and the branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan of reports which are compulsorily stopping activities and the additional information" (it is registered in the Register of state registration of regulatory legal acts at No. 13638) the following changes:

state heading in the following edition:

"About approval of forms, terms and frequency of provision by liquidation commissions of compulsorily liquidated insurance (reinsurance) organizations of reports and the additional information";

state preamble in the following edition:

"According to the laws of the Republic of Kazakhstan "About insurance activity" and "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

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

"1. Approve the following report forms and the additional information, compulsorily liquidated insurance (reinsurance) organizations represented by liquidation commissions (further - the liquidated insurance (reinsurance) organization):

1) report form on off-balance accounts of the liquidated insurance (reinsurance) organization according to appendix 1 to this resolution;

2) report form about condition of assets of the liquidated insurance (reinsurance) organization according to appendix 2 to this resolution;

3) report form about condition of obligations of the liquidated insurance company according to appendix 3 to this resolution;

4) report form about condition of obligations of the liquidated reinsurance organization according to appendix 4 to this resolution;

5) report form about movement of money of the liquidated insurance (reinsurance) organization according to the current account in tenge according to appendix 5 to this resolution;

6) report form about movement of money of the liquidated insurance (reinsurance) organization according to the current account in foreign currency according to appendix 6 to this resolution;

7) report form about movement of money of the liquidated insurance (reinsurance) organization on cash desk in tenge according to appendix 7 to this resolution;

8) report form about collection of receivables of the liquidated insurance (reinsurance) organization according to appendix 8 to this resolution;

9) report form about condition of own property of the liquidated insurance (reinsurance) organization according to appendix 9 to this resolution;

10) report form about the expenses made by liquidation commission of the liquidated insurance (reinsurance) organization according to appendix 10 to this resolution;

11) report form about the property which is handed over by liquidation commission of the liquidated insurance (reinsurance) organization in lease according to appendix 11 to this resolution;

12) report form about the number of employees of liquidation commission of the liquidated insurance (reinsurance) organization according to appendix 12 to this resolution;

13) form of register of requirements of the creditors of the liquidated insurance (reinsurance) organization declared after the expiration of fixed term for presentation of claims (statements) which are not included in the register of requirements of creditors according to appendix 13 to this resolution;

14) report form about the brought criminal cases concerning leading employees, debtors of the liquidated insurance (reinsurance) organization, the chairman, members or employees of liquidation commission of the liquidated insurance (reinsurance) organization according to appendix 14 to this resolution;

15) form of the interim liquidation balance sheet of the insurance (reinsurance) organization according to appendix 15 to this resolution;

16) form of the list of creditors of the liquidated insurance (reinsurance) organization for the beginning of liquidating process according to appendix 16 to this resolution;

17) form of register declared by creditors of the liquidated insurance (reinsurance) organization of claims (statements) according to appendix 17 to this resolution;

18) form of register of unclaimed accounts payable of the liquidated insurance (reinsurance) organization according to appendix 18 to this resolution;

19) form of register of own property of the liquidated insurance (reinsurance) organization according to appendix 19 to this resolution;

20) form of register of receivables of the liquidated insurance (reinsurance) organization according to appendix 20 to this resolution;

21) report form on off-balance accounts of the liquidated insurance (reinsurance) organization according to appendix 21 to this resolution;

22) form of the register of requirements of the creditors included in the interim liquidation balance sheet of the liquidated insurance company according to appendix 22 to this resolution;

23) form of the register of requirements of the creditors included in the interim liquidation balance sheet of the reinsurance organization according to appendix 23 to this resolution;

24) form of data on the available variations of data of the interim liquidation balance sheet of the liquidated insurance (reinsurance) organization in comparison with balance for the beginning of liquidating process according to appendix 24 to this resolution;

25) form of changes and (or) amendments in the register of requirements of the creditors included in the interim liquidation balance sheet of the liquidated insurance company according to appendix 25 to this resolution;

26) form of changes and (or) amendments in the register of requirements of the creditors included in the interim liquidation balance sheet of the liquidated reinsurance organization according to appendix 26 to this resolution;

27) form of the liquidation balance sheet of the liquidated insurance (reinsurance) organization according to appendix 27 to this resolution.

2. (Further – liquidation commission) are understood as reports of liquidation commissions of the liquidated insurance (reinsurance) organizations:

1) the report on the done work in day (the daily report) constituted in any form;

2) the report on the done work in month (the monthly report);

3) the report on the done work for year (annual statement);

4) interim liquidation balance sheet;

5) report on liquidation;

6) liquidation balance sheet.

3. The daily report is submitted in authorized body on regulation, control and supervision of the financial market and the financial organizations (further – authorized body) within one year after the introduction in legal force of the judgment about involuntary liquidation of the insurance (reinsurance) organization by means of fax or electronic communication in the following terms:

1) in case of absence at liquidation commission of divisions - no later than 11:00 hours of time of the city of Astana of the working day following behind reporting day;

2) in the presence at liquidation commission of divisions - no later than 16:00 hours of time of the city of Astana of the working day following behind reporting day.

The monthly report is submitted in authorized body:

in case of absence at liquidation commission of divisions - no later than 6 (sixth) following for reporting;

in the presence at liquidation commission of divisions - no later than 8 (eighth) following for reporting.

The annual statement is submitted in authorized body:

in case of absence at liquidation commission of divisions - not later 25 on the (twenty fifth) of January the year following for reporting;

in the presence at liquidation commission of divisions - not later 30 on the (thirtieth) of January the year following for reporting.";

state Items 9 and 10 in the following edition:

"9. The following reports and documents are attached to the interim liquidation balance sheet:

1) copies of inventory reports of accounting and legal documents, assets and liabilities of the liquidated insurance (reinsurance) organization in one copy;

2) the original of balance of the liquidated insurance (reinsurance) organization for the beginning of liquidating process;

3) originals of disaggregations of all balance sheet accounts for the beginning of liquidating process;

4) originals of data on off-balance accounts for the beginning of liquidating process of the liquidated insurance (reinsurance) organization;

5) the additional information provided by subitems 16), 17), 18), 19) and 20) of Item 1 of this resolution in the original and in the copy in one copy;

6) the turnover balance sheet to the interim liquidation balance sheet of the liquidated insurance (reinsurance) organization from the beginning of liquidation before date of creation of the interim liquidation balance sheet inclusive;

7) reports and the additional information provided by subitems 21), 22) (for the liquidated insurance company), 23) (for the liquidated reinsurance organization) and 24) Item 1 of this resolution;

8) the explanatory note containing information about (about):

the events held by liquidation commission;

changes on assets and liabilities since the beginning of liquidation as of date of creation of the interim liquidation balance sheet with indication of the reasons of changes;

condition of receivables and payables;

own property of the liquidated insurance (reinsurance) organization;

the main problems interfering carrying out liquidating production.

Originals of documents within 5 (five) working days are subject to return to liquidation commission of the insurance (reinsurance) organization after approval of the interim liquidation balance sheet.

10. The liquidation commission within 5 (five) working days from expiry date of creation of the interim liquidation balance sheet represents it with forms of the reporting and documents in duplicate to authorized body for its approval.";

12, of 13, 14 and 15 to state Items in the following edition:

"12. The liquidation commission represents to authorized body for approval of change and (or) amendment in the register of requirements of creditors, created in duplicate, and the balance sheet with appendix:

1) the explanatory note about the reasons of modification and (or) amendments in the register of requirements of creditors and copies of the documents certifying their justification;

2) disaggregations of balance sheet items of the liquidated insurance (reinsurance) organization with indication of accounts.

The authorized body within 15 (fifteen) calendar days approves changes and (or) amendments in the register of requirements of creditors.

After approval of changes and (or) amendments in the register of requirements of creditors one copy of this document is subject to return to liquidation commission, and the second remains in authorized body.

13. The report on liquidation and the liquidation balance sheet of the insurance (reinsurance) organization is constituted after carrying out by liquidation commission in full of actions for completion of cases of the liquidated insurance (reinsurance) organization and contains information about (about):

1) date and the body which made the decision on liquidation of the insurance (reinsurance) organization;

2) appointment of temporary administration and liquidation commission, change of structure of liquidation commission;

3) accomplishment of priority actions, creation and approval of the interim liquidation balance sheet;

4) forming, approval and functioning of creditor committee of the liquidated insurance (reinsurance) organization;

5) condition of assets of the liquidated insurance (reinsurance) organization for the beginning of process of liquidation;

6) the held events for collection of receivables from debtors of the liquidated insurance (reinsurance) organization;

7) the held events for realization of property of the liquidated insurance (reinsurance) organization;

8) movement of money according to the current account and cash desk, lack of money on the current account of the liquidated insurance (reinsurance) organization;

9) obligations of the liquidated insurance (reinsurance) organization as of start date of process of liquidation;

10) accomplishment of obligations to creditors of the liquidated insurance (reinsurance) organization.

Copies of the documents confirming holding by liquidation commission actions for completion of cases of the liquidated insurance (reinsurance) organization in one copy are attached to the report on liquidation of the insurance (reinsurance) organization.

14. The report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization provided by the subitem 27) of Item 1 of this resolution are represented in one copy to authorized body for review.

The authorized body approves the report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization within 30 (thirty) calendar days from the date of their receipt.

The report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization after approval return to liquidation commission, in authorized body there is their copy.

15. The liquidation commission of compulsorily liquidated insurance (reinsurance) organization within 5 (five) working days after approval of authorized body submits the report on liquidation and the liquidation balance sheet of the insurance (reinsurance) organization in court for approval.

The liquidation commission of compulsorily liquidated insurance (reinsurance) organization after submission of the report on liquidation into court monthly brings into authorized body information on the course of its consideration in court.

The liquidation commission represents to authorized body the judgment about approval of the report on liquidation and the liquidation balance sheet of the liquidated insurance (reinsurance) organization.";

exclude Item 15-1;

state appendix 1 in edition according to appendix 1 to this resolution;

state appendix 2 in edition according to appendix 2 to this resolution;

state appendix 3 in edition according to appendix 3 to this resolution;

state appendix 4 in edition according to appendix 4 to this resolution;

state appendix 5 in edition according to appendix 5 to this resolution;

state appendix 6 in edition according to appendix 6 to this resolution;

state appendix 7 in edition according to appendix 7 to this resolution;

state appendix 8 in edition according to appendix 8 to this resolution;

state appendix 9 in edition according to appendix 9 to this resolution;

state appendix 10 in edition according to appendix 10 to this resolution;

state appendix 11 in edition according to appendix 11 to this resolution;

state appendix 12 in edition according to appendix 12 to this resolution;

state appendix 13 in edition according to appendix 13 to this resolution;

state appendix 14 in edition according to appendix 14 to this resolution;

state appendix 15 in edition according to appendix 15 to this resolution;

exclude appendix 16;

state appendix 17 in edition according to appendix 16 to this resolution;

state appendix 18 in edition according to appendix 17 to this resolution;

state appendix 19 in edition according to appendix 18 to this resolution;

state appendix 20 in edition according to appendix 19 to this resolution;

state appendix 21 in edition according to appendix 20 to this resolution;

state appendix 22 in edition according to appendix 21 to this resolution;

state appendix 23 in edition according to appendix 22 to this resolution;

state appendix 24 in edition according to appendix 23 to this resolution;

state appendix 25 in edition according to appendix 24 to this resolution;

state appendix 26 in edition according to appendix 25 to this resolution;

state appendix 27 in edition according to appendix 26 to this resolution;

state appendix 28 in edition according to appendix 27 to this resolution;

exclude appendix 29.

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 ten calendar days after day of its first official publication.

Appendix 1

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 30, 2023 No. 78

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of February 29, 2016 No. 65

The form intended for collection of administrative data

It is represented: in authorized body on regulation, control and supervision of the financial market and the financial organizations

The form of administrative data is placed on Internet resource: www.gov.kz/memleket/entities/ardfm

The report on off-balance accounts of the liquidated insurance (reinsurance) organization

Index of form of administrative data: F1-LKSO

Frequency: monthly, annual

Accounting period: for _________________ 20 __ years

Group of people of representing: liquidation commissions of compulsorily liquidated insurance (reinsurance) organizations

Representation term:

monthly report:

in case of absence at liquidation commission of divisions – no later than 6 (sixth) following for reporting;

in the presence at liquidation commission of divisions – no later than 8 (eighth) following for reporting;

annual statement:

in case of absence at liquidation commission of divisions – not later 25 on the (twenty fifth) of January the year following for reporting;

in the presence at liquidation commission of divisions – not later 30 on the (thirtieth) of January the year following for reporting.

Form

__________________________________________________________________
    (the name of the liquidated insurance (reinsurance) organization)

(in thousands of tenges)

Account number	Account name	Amount		Changes (column 4 - the column 3)
		On the previous reporting date	On reporting date
1	2	3	4	5
	Conditional and possible requirements
8120	Possible requirements for the accepted guarantees
8130	Conditional extraordinary fees according to the legislation of the Republic of Kazakhstan on guaranteeing insurance payments
8210	Conditional requirements for the granted loans
8220	Conditional requirements for receipt of loans in the future
8300 01	Conditional requirements for purchase of financial assets
8300 02	Conditional requirements for purchase of financial futures
8300 03	Conditional requirements for sale of financial futures
8300 04	The fixed interest rate swap
8300 05	Floating interest rate swap
8300 06	The acquired transactions the option - "call"
8300 07	The acquired transactions the option - "put"
8300 08	The sold transactions the option - "put" - the contra account
8300 09	The sold transactions the option - "call" - the contra account
	Contingent and possible obligations
8420	Possible reduction of requirements for the accepted guarantees
8430	Contingent obligations by the legislation of the Republic of Kazakhstan on guaranteeing insurance payments
8600 01	Contingent obligations selling financial assets
8600 02	Contingent obligations on purchase of financial futures
8600 03	Contingent obligations selling financial futures
8600 04	Floating interest rate swap
8600 05	The fixed interest rate swap
8600 06	The acquired transactions the option - "call" - the contra account
8600 07	The acquired transactions the option - "put" - the contra account
8600 08	The sold transactions the option - "put"
8600 09	The sold transactions the option - "call"
8600 12	Contingent obligations on other derivative financial instruments
	Accounts of the memorandum
8710	The machines, the equipment, transport and other means leased
8750	The property transferred to providing (pledge) obligations
8810	The machines, the equipment, transport and other means accepted in lease
8930	Different values and documents
8940	The different values and documents sent and issued in the subreport
8900	Accounts of the memorandum - other

Name ___________________________

Address __________________________________

________________________________ phone

E-mail address _____________________________________

Contractor ________________________________________________

________________________________________ ___________________
     surname, name and middle name (in case of its availability) the signature, phone

The chief accountant or person authorized by it on signing of the report

____________________________________________________________

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