RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2023 No. 105

About modification and amendments in some resolutions of Board of National Bank of the Republic of Kazakhstan concerning transition to application of the international standard ISO 20022 when implementing payments and money transfers in the territory of the Republic of Kazakhstan

The board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the List of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and additions concerning transition to application of the international standard ISO 20022 when implementing payments and money transfers in the territory of the Republic of Kazakhstan are made (further – the List), according to appendix to this resolution.

2. To provide to department of payment systems of National Bank of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department of National Bank of the Republic of Kazakhstan 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 National Bank of the Republic of Kazakhstan after its official publication;

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

3. To impose control of execution of this resolution on the supervising vice-chairman of National Bank of the Republic of Kazakhstan.

4. This resolution becomes effective since November 11, 2024 and is subject to official publication.

Suspend from the date of official publication of this resolution till November 11, 2024 action of the paragraph of the fifty fourth Item 2 of the List, having determined that during suspension this paragraph is effective in the following edition:

"16. When implementing cashless payments and (or) money transfers on account of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions or social contributions to the State Social Insurance Fund, contributions and (or) fees to fund of social medical insurance the sender along with the payment order represents the list of persons for whom the specified fees and (or) assignments are paid to bank.

Lists of persons for whom payment of compulsory pension contributions is made of compulsory pension contributions of the employer, compulsory professional pension contributions or social contributions to the State Social Insurance Fund, contributions and (or) fees to fund of social medical insurance (further – the list) are drawn up according to the Rules of calculation and payment of social contributions to the State Social Insurance Fund and penalties on them approved by the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 21, 2023 No. 229 (it is registered in the Register of state registration of regulatory legal acts at No. 32897), Rules of payment, transfer and distribution, and also return of excessively (mistakenly) paid amounts of single payment and (or) penalty fee for untimely and (or) incomplete payment of single payment, approved by the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 29, 2023 No. 270 (it is registered in the Register of state registration of regulatory legal acts at No. 32957), the Rules of implementation of compulsory professional pension contributions approved by the order of the Government of the Republic of Kazakhstan of June 30, 2023 No. 520, and the Rules and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them approved by the order of the Government of the Republic of Kazakhstan of June 30, 2023 No. 525.".

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 25, 2023 No. 105

The list of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and additions concerning transition to application of the international standard ISO 20022 when implementing payments and money transfers in the territory of the Republic of Kazakhstan are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 200 "About approval of Requirements to the organizational measures and program technical means providing access to payment systems" (it is registered in the Register of state registration of regulatory legal acts at No. 14289) the following changes:

state preamble in the following edition:

"According to the subitem 20) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 18) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About payments and payment systems" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in the Requirements to the organizational measures and program technical means providing access to payment systems, approved by the specified resolution:

state Item 52 in the following edition:

"52. In the presence of function of creation of payment messages by means of the terminal of payment system or its appendix under the organization of works of service personnel execution by one person of functions (fully or partially) of different categories of persons specified in Item 51 of Requirements is not allowed.".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 208 "About approval of Rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 14419) the following changes and amendments:

in Rules of implementation of the cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan approved by the specified resolution:

state Item 3 in the following edition:

"3. In Rules the concepts provided in article 1 of the Law on payments and payment systems and also the following concepts are used:

1) the statement on money transfer – the payment document used by the sender of money when implementing cashless payment and (or) money transfer in the cases provided in Item 17 of Rules;

2) the interbank payment order – the payment order according to which sender of money and the beneficiary are banks;

3) debit transfers – the cashless payments and (or) money transfers made by way of submission to bank of payment request, the payment order, the collection order by the beneficiary for their payment by the sender of money;

4) card-index – off-balance accounting of the unexecuted and (or) partially performed payment documents in case of absence or insufficiency of necessary amount of money on the bank account of the sender of money for their execution;

5) credit transfers – the cashless payments and (or) money transfers made by way of representation by the initiator to bank of the sender of money of the payment order, the summary payment order, the payment order, the payment notice or the statement on money transfer;

6) the actual payer – person for the purpose of whose obligation fulfillment the payment or (or) money transfer is made;

7) the actual (final) beneficiary – person who is final payee or the party for benefit of which the obligation is fulfilled;

8) authorized persons – persons given authority according to requirements of the Civil code of the Republic of Kazakhstan (General part) (further – the Civil code) (constituent documents, the power of attorney, the order, other documents) to sign on behalf of legal entities, separate divisions of legal entities (branches, representations, territorially separate divisions) payment documents when making the transactions connected with maintaining the bank account of the client (the order money on the bank account).";

state Item 7 in the following edition:

"7. The payment order, payment request, the collection order, the payment order, the payment notice and the statement on money transfer (further – the payment document) on paper and (or) electronically, except for statements on money transfer in foreign currency, contain the following details:

1) name of the payment document;

2) number of the payment document, number, month, year of its statement which are specified by figures.

In the payment documents shown on paper designation of month in cursive script is allowed;

3) the full or abbreviated name, including form of business of the legal entity, branch, representation, territorially separate division (further – separate divisions), and also the actual payer and (or) the actual (final) beneficiary;

4) full or abbreviated name of the individual entrepreneur, form of business (in the presence) sender of money, beneficiary, and also actual payer and (or) actual (final) beneficiary;

5) the full or abbreviated name of the individual entrepreneur performing activities in the form of personal entrepreneurship, surname, name, middle name (in case of its availability) the sender of money, the beneficiary, and also the actual payer and (or) the actual (final) beneficiary;

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