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

of June 25, 2025 No. 23

About introduction of amendments to the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of November 30, 2020 No. 114 "About approval of Rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirements of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan"

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 the Agency of the Republic of Kazakhstan on regulation and development of the financial market of November 30, 2020 No. 114 "About approval of Rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirements of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 21716) the following changes:

in Rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirements of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of the nonresident banks of the Republic of Kazakhstan approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of implementation of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirement of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan 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 determine procedure of liquidation of banks, the forced termination of activities of branches of nonresident banks of the Republic of Kazakhstan and job requirement of liquidation commissions of compulsorily liquidated banks which are compulsorily stopping activities of branches of nonresident banks of the Republic of Kazakhstan.";

state item 4 in the following edition:

"4. For the purpose of application of these rules the following concepts are used:

1) the creditor of bank - person having the property requirements arising from civil and other its obligations to the liquidated bank;

2) the starting price - the price with which the biddings on each lot begin, the established not lower than the cost of lot (property), determined by the appraiser according to the Law of the Republic of Kazakhstan "About estimative activities in the Republic of Kazakhstan";

3) head office - office at which the chairman of liquidation commission performs the organizational and administrative and other functions provided by Rules;

4) minimum price - the price below which lot cannot be sold;

5) the organization for guaranteeing - specially created non-profit organization performing obligatory guaranteeing deposits in banks of the second level;

6) creditor committee - the body created from among creditors of the liquidated bank for the purpose of ensuring interests of creditors and decision making with their participation;

7) category of creditors - group of creditors whose requirements have homogeneous character and the stipulated in Article 74-2 Laws on banks are satisfied within certain queue;

8) the register of requirements of creditors - the document approved by authorized body, reflecting the requirements of creditors declared at the scheduled time and recognized by liquidation commission and also requirements of the organization for guaranteeing;

9) contingencies - costs for urgent needs unplanned by liquidation commission which size shall not exceed five hundred monthly settlement indicators;

10) participating bank - the liquidated bank, being the participant of system of obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan;

11) values - precious metals, currency values, banknotes and coins of the Republic of Kazakhstan, securities, forms of the strict reporting and valuable objects;

12) lot - the property offered for auction divided into indivisible (dividends) for realization of unit;

13) the periodic printing edition - the newspaper, the magazine, the almanac, the bulletin, the appendices to them having the permanent name, the current issue and issued at least once in 3 (three) months;

14) sales price - lot price established as a result of the biddings, and in case of realization of property without tendering - the property price approved by creditor committee (in the absence of creditor committee the chairman of liquidation commission);

15) object of realization - the property of the liquidated bank put up for sale as separate (independent) unit or consolidated from several units in one lot, other property;

16) the seller - liquidation commission of the liquidated bank;

17) the buyer - the winning bidder who signed the purchase and sale agreement with the seller;

18) the winning bidder - the participant who offered top price for lot at the biddings;

19) the organizer of the biddings - liquidation commission of the liquidated bank either the legal or physical person which signed with liquidation commission the service provision agreement on tendering and who is not interested in their results;

20) the bidder - the physical person or legal entity which submitted the application for participation in the biddings in the procedure established by the organizer of the biddings and registered by the organizer of the biddings as their participant;

21) the English method of the biddings - method of the biddings in case of which the starting price of lot raises with in advance announced step to the moment when there is one of participants who offered maximum price for lot;

22) the Dutch method of the biddings - method of the biddings in case of which the starting price of lot goes down with in advance announced step to the moment when one of participants agrees to purchase lot at the announced price;

23) liquidation commission - the body appointed (exempted) by authorized body in case of decision making about involuntary liquidation of bank, performing under direct management of the chairman of liquidation commission of power on property management and cases of bank during liquidation procedure;

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