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

of March 29, 2024 No. 16

About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of September 13, 2017 No. 170 "About establishment of normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank and Rules of calculation and limits of open foreign exchange position"

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 September 13, 2017 No. 170 "About establishment of normative values and techniques of calculations of prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank and Rules of calculation and limits of open foreign exchange position" (it is registered in the Register of state registration of regulatory legal acts at No. 15886) the following changes:

in Normative values and techniques of calculations of the prudential standard rates and other regulations and limits, obligatory to observance, the size of the capital of bank approved by the specified resolution:

state Item 54 in the following edition:

"54. It is necessary to understand each physical person or legal entity to which the bank has requirements as the term "one borrower" or there are requirements specified in Item 57 of Standard rates. The extent of risk for the group consisting of 2 (two) or more borrowers is calculated in total, as on 1 (one) borrower if the extent of risk of each of borrowers exceeds 0,1 (zero whole one tenth) percent of equity of bank, and also in the presence of one of the following circumstances:

1) one of borrowers is large participant (physical person or legal entity which owns directly or indirectly in ten or more percent of shares in the authorized capital or voting shares of joint-stock company, limited liability partnership or partnership with the accessorial liability; the complete companion in partnership in commendam; the participant in complete partnership), the affiliate, the close relative (the parent, the child, the adoptive father adopted the full and not full brother or the sister, the grandfather, the grandmother, the grandson), the spouse (spouse), the close relative of the spouse (spouse), the first head of other borrower, or person interested in transaction by other borrower;

2) the large member, the close relative, the spouse (spouse), the close relative of the spouse (spouse) or the first head of one borrower or person interested in transaction by one borrower is large member, the close relative, the spouse (spouse), the close relative of the spouse (spouse) either the first head of other borrower, or person interested in transaction by other borrower;

3) the large member, the close relative, the spouse (spouse), the close relative of the spouse (spouse) or the first head of one borrower or person interested in transaction with one borrower is large member, the close relative, the spouse (spouse), the close relative of the spouse (spouse) or the first head or person interested in transaction, the large participant, the close relative, the spouse (spouses), the close relative of the spouse (spouse) or the first head of other borrower or person interested in transaction by other borrower;

4) there are good causes, confirmatory that one of borrowers transferred another in use the money received by it from bank in loan, in the amount of, exceeding equity of the transferring borrower;

5) there are good causes, confirmatory that borrowers jointly or separately gave the means received from bank in loan, in the amount of, exceeding cumulative equity of these borrowers, in use to the same third party who is not the borrower of bank;

6) borrowers are connected in such a way that one of borrowers (except for banks of the Republic of Kazakhstan) bears joint or subsidiary liability in the amount exceeding 10 (ten) percent of its assets according to obligations of other borrower;

7) the official of one borrower has financial interest in activities of other borrowers of bank;

8) borrowers are connected among themselves by cooperation agreement or other document which contains signs of cooperation agreement, except for the borrowers who are members of consortium;

9) borrowers are connected in such a way that their obligations are provided with common mortgage property and (or) guarantee and (or) the guarantee of the same third party which aggregate value covers more than 35 (thirty five) percent of book value of loan, except as specified availability of the general providing provided in the form of insurance policies, reserve letters of credit, guarantees, and also guarantees of joint-stock company "Fund of development of entrepreneurship "LADY", joint-stock company "National welfare fund "Samruk-Kazyna", joint-stock company "National managing holding "Bayterek" and their affiliated organizations, Fund of the Problem Credits joint-stock company, institutes of development and support of entrepreneurship of the Republic of Kazakhstan, Export credit agency of Kazakhstan having the state warranty on support of export, international financial institutions, financial organizations the nonresident banks of the Republic of Kazakhstan having rating "B" of the Standard & Poor agency "is not lower than s (Standard энд Purs) or the rating of similar level of one of other rating agencies;

10) borrowers are connected in such a way that one of borrowers provided mortgage property, guarantee, the guarantee in providing obligations of other borrower, except as specified availability of the providing provided in the form of insurance policies, reserve letters of credit, guarantees, and also guarantees of joint-stock company "Fund of development of entrepreneurship "LADY", joint-stock company "National welfare fund "Samruk-Kazyna", joint-stock company "National managing holding "Bayterek" and their affiliated organizations, Fund of the Problem Credits joint-stock company, institutes of development and support of entrepreneurship of the Republic of Kazakhstan, Export credit agency of Kazakhstan having the state warranty on support of export, international financial institutions, financial organizations, nonresident banks of the Republic of Kazakhstan having rating "B" of the Standard & Poor agency "is not lower than s (Standard энд Purs) or the rating of similar level of one of other rating agencies;

11) borrowers:

are the legal entities registered in the territory of the following states: Principality of Andorra, Principality of Liechtenstein, Republic of Liberia, Principality of Monaco, Marshall Islands (Republic of the Marshall Islands), or their citizens, or;

are the legal entities registered in the territory of the states carried by Organization for Economic Cooperation and Development to the list of the offshore territories which did not assume obligations on information exchange or their citizens or;

have the large participants, affiliates, close relatives, the first heads or persons interested in transactions with these borrowers registered or who are citizens of the states specified in paragraphs second and third this subitem;

12) borrowers are connected among themselves on other bases provided by the Law on banks;

13) borrowers are project participants on real estate construction, including the project orderer on construction of the real estate, equity participants on construction of object under construction and guarantors of equity participants. The extent of risk on one borrower formed by group of the borrowers listed in this subitem is not taken into cumulative consideration of the extent of risk as on one borrower according to subitems 1), 2), 3), 4), 5), 6), 7), 8), 9), 10), 11) and 12) this Item for the group formed with participation of physical persons - equity participants on construction of object under construction and (or) guarantors of equity participants.";

state Item 57 in the following edition:

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