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

of August 22, 2025 No. 41

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of banking and microfinancial activities

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 technique 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:

90, of 92, of 97, 98 and 99 to state Items in the following edition:

"90. The bank perfroms calculation of coefficient of debt load of the borrower before decision making about (about):

to issue to the borrower of loan, including issue of loan (part of loan) within open credit line, except for issues of loan (part of loan) within credit limit of credit card or payment card which conditions provide crediting of the borrower within credit limit;

opening of credit line to the borrower (establishment of credit limit);

to issue to the borrower of additional loan within signed signed the agreement (agreements) of bank loan;

the change of conditions of open credit line and (or) borrower's loan attracting increase in the size of periodical payments on this loan according to the repayment schedule of loan.

The credit line is understood as the obligation of bank to credit the borrower on the conditions allowing the borrower most to determine time of receipt of loan, but within the amount and time determined by rules about domestic credit policy of bank for such form of crediting and the agreement.

The credit limit (including on credit payment cards) is understood as the limiting amount of credit line.

The borrower is understood as the physical person - the resident of the Republic of Kazakhstan, intending to use or using services of bank in implementation of banking loan activities.

Requirements of part one of this Item extend to the loans granted borrowers on purchase of goods, the works and services which are not connected with implementation of business activity and also on the loans granted the physical persons who are not individual entrepreneurs on the purposes connected with implementation of business activity, except as specified provisions by the borrower of the documents and (or) other data confirming its business activity with the subsequent storage of analysis result of such documents and data in the software and (or) the credit folder of the borrower of bank.

The requirement for respect for the maximum level of coefficient of debt load of the borrower does not extend to the agreements of bank loan signed for the purpose of program implementation of refinancing of mortgage housing loans (mortgage loans) of National Bank of the Republic of Kazakhstan.

The requirement for respect for the maximum level of coefficient of debt load of the borrower does not extend by provision of loan during the period from January 1, 2025 to December 31, 2026 inclusive:

for the purposes of acquisition of the new vehicle which was not in operation and for the first time registered in the territory of the Republic of Kazakhstan and being mortgage providing on loan;

for the purposes of the acquisition of the vehicle which was in operation and being mortgage providing on loan with the initial contribution at least 50 (fifty) percent from the cost of this vehicle;

for the purposes of the acquisition of the vehicle which was in operation up to 3 (three) years and being mortgage providing on loan with the initial contribution at least 30 (thirty) percent from the cost of this vehicle;

within system of housing construction savings.

The bank perfroms calculation of coefficient of debt load of the borrower for the loans specified in part six of this Item for the purpose of monitoring of credit risks.";

"92. Assessment of solvency of the borrower is performed as follows:

 РИС.1

where:

DZ – the income of the borrower;

VPM – the size of subsistence minimum established for the corresponding financial year by the Law of the Republic of Kazakhstan "About the republican budget" (further – the Law on the budget);

Кнчс – the number of minor family members.

The income of the borrower is determined based on one and (or) several of the following criteria:

1) the official income in 6 (six) months preceding date of the address of the borrower. The official income is understood as the average monthly income calculated based on one and (or) several of the following documents:

statements from the bank account on which the salary and other income from the employer, or information from the database of the single accumulation pension fund or The Government for Citizens State corporation on the compulsory pension contributions compulsory for professional pension contributions of the investor (receiver) or information from databases of the central executive bodies and belonging or subordinated it to legal entities regarding information on the income of physical persons less paid amounts of compulsory pension contributions and the individual income tax arrives;

statements from the bank account on which retirement benefits arrive;

statements from the bank account on which insurance payments for the agreement of retirement annuity, for the agreement of annuity insurance of the prisoner according to requirements of the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" arrive;

information on the income of physical person - the individual entrepreneur, calculated on the basis of the following tax assignments:

5 (five) percent from the taxable income in case of application of special tax regime on the basis of the patent;

15 (fifteen) percent from the taxable income in case of application of special tax regime on the basis of the simplified declaration;

20 (twenty) percent from the taxable income of special tax regime with use of the fixed deduction;

2) average monthly expense amount on debit card for the period in 6 (six) months preceding date of the address of the borrower;

3) the average monthly amount of replenishment of debit card for the period in 6 (six) months preceding date of the address of the borrower;

4) the relations of the average monthly amount of remaining balance on the deposit and (or) the current account in 6 (six) months preceding date of the address of the borrower, for the term of the issued credit, expressed in months;

5) the average monthly amount of replenishments of deposits and (or) current accounts in 6 (six) months preceding date of the address of the borrower;

6) the average monthly amount of removals from deposits and (or) current accounts in 6 (six) months preceding date of the address of the borrower;

7) the average monthly income from transportations of passengers and baggage of taxi in 6 (six) months preceding date of the address of the borrower (in case of confirmation of such income through the company of the intermediary);

8) the average monthly income in 6 (six) months preceding date of the address of the borrower calculated based on the certificate of the income from place of employment and (or) the reference from educational institution on the size of the got grant.

Information specified in subitems 1), 2), 3), 4), 5), 6), 7) and 8) parts two of this Item, is confirmed by the borrower with provision of the relevant documents and (or) is checked in information system of bank and (or) requested by bank based on the consent of the borrower, this in writing or by means of identification means of the borrower.

In case of determination of the income of the borrower and calculation of coefficient of debt load of the borrower based on the criteria specified in subitems 1), 2), 3), 4), 5) and 6) to part two of this Item the transactions made by the borrower between the accounts and the transactions connected with receipt of bank loans and (or) microcredits are not considered.

Concerning the receiver of the address public assistance and (or) the borrower having signs of person which is actively involved in gaming, assessment of the income is determined based on the official income specified in the subitem 1) to part two of this Item.

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