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

of August 16, 2024 No. 63

About modification and amendments 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" and in the resolution of Board of National Bank of the Republic of Kazakhstan of November 14, 2019 No. 192 "About approval of prudential standard rates and others obligatory to observance by the organization performing microfinancial activities, regulations and limits, technique of their calculations"

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 and amendments:

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 Items 1 and 2 in the following edition:

"1. 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 (further – Standard rates) are developed according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks) and establish 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.

Normative values for banks and their affiliated organizations calculated on the basis of consolidated financial statements are established according to article 42 of the Law on banks.

Normative values are expressed by number with three signs after comma.

And limits of the size of the capital of bank for obligatory observance by banks enter into structure of prudential standard rates and other regulations, obligatory to observance:

minimum size of authorized and own capitals of bank;

coefficient of sufficiency of equity;

the maximum extent of risk on one borrower;

liquidity rates;

coverage ratios of liquidity and net stable funding;

capitalization of banks to obligations to nonresidents of the Republic of Kazakhstan;

coefficient on placement of part of means of bank in internal assets;

coefficient of debt load of the borrower of bank;

debt coefficient to the income of the borrower of bank.

2. In Standard rates the following concepts are used:

1) book value - the amount on which the loan is recognized the balance sheet after deduction of the provisions (reserves) created on them;

2) investment loan (credit) - I will jam (credit), conforming to the following requirements:

the term of loan (credit) constitutes 5 (five) and more years;

terms of the contract of loan (credit) establish prohibition on complete early repayment. Partial repayment of loan is performed in the terms and procedure provided by the business plan of the borrower;

the loan (credit) is granted the legal entity according to its business plan providing realization of complex of the actions directed to creation, expansion and upgrade of production of goods, production and transport infrastructure;

3) unsteady types of pledge - the property and money arriving in the future (except for the rights of requirements to the state partner in the cash receipts transfered to account, intended for transfer of compensation of investment costs, under the agreement of public-private partnership signed according to the legislation of the Republic of Kazakhstan which is the key under the agreement of bank loan which conditions are provided in Item 2-1 of Standard rates, and also the money arriving in the future on off-take (off-take) to the contract which is the key under the agreement of bank loan in case of compliance to the conditions provided in Item 2-2 of Standard rates), including under agreements of equity (except for the money arriving under the agreements signed with the companies with the state participation (subjects of the quasi-public sector), insurance contracts (except for insurance contracts, containing Items on unconditional and irrevocable obligation fulfillment, concluded with the insurance companies having rating "BB+" of Standard & Poor rating agency "is not lower than s (Standard энд Purs) or the rating of similar level of one of other rating agencies, insurance contracts which conditions are provided in Item 2-1 of Standard rates), guarantee of physical persons or legal entities (except for guarantees of the legal entities having credit rating "BB+" of Standard & Poor rating agency" is not lower than s (Standard энд Purs) or the rating of similar level of one of other rating agencies, guarantees of the banks of the second level having credit rating is not lower "In -" Standard & Poor rating agency "of s (Standard энд than Purs) or the rating of similar level of one of other rating agencies, and also the guarantees issued by national managing directors of holdings and their affiliated organizations), intangible assets, shares in the authorized capital or the securities which are not included in the official listing of organizers of the biddings of the Republic of Kazakhstan and (or) organizers of the biddings recognized by the international stock exchanges, (except for the share accepted in mortgage providing in the authorized capital and (or) securities of legal entities which have relation of debt on the loans issued on the purposes which are not connected with financing of current assets to profit to deduction of expenses on payment of the added remunerations of tax assignments and charged depreciation (EBITDA) (EBITDA) constitutes no more 4), paper grain receipts (except for the rights of requirements for grain receipts corresponding to conditions, stipulated in Item 2-3 Standard rates), the mortgage providing which is outside the Republic of Kazakhstan (except for the mortgage providing which is in the countries of the Eurasian Economic Union in the presence of the conclusion of legal consultants or specialists of the affiliated organizations of bank according to the right of the said countries confirming proper registration of mortgage providing);

4) unsecured consumer loan – consumer bank loan, except for:

the loans provided with the pledges of the rights to real estate, the pledge of personal estate which is subject to obligatory state registration, completely covering the amount of the issued loan;

the loans provided with pledge of the rights on the issued securities which are subject to registration, completely covering the amount of the issued loan;

the loans provided with pledge of right to claim under agreements of equity in housing construction, completely covering the amount of the issued loan;

loans on which the money which is completely covering the amount of the issued loan acts as providing;

the loans issued within system of educational crediting;

the loans issued within system of housing construction savings;

5) loan - implementation of banking loan, leasing, factoring, forfaiting activities by bank, accounting of bills of exchange and receivables on earlier issued bank loans;

6) the borrower - the physical person or legal entity which signed the loan agreement (credit);

7) provisions (reserves) - the reserves created under impairment of loan;

8) the co-borrower - the physical person or legal entity which is signing the loan agreement (credit) together with the borrower and acting according to the loan agreement (credit) as the solidary actionee of obligations on return of the received money;

9) regular AQR – the annual quality evaluation of assets and contingent (possible) obligations of banks performed within risk - the oriented supervision;

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