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

of August 28, 2025 No. 42

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations in the field of rendering the state services and recognition voided some regulatory legal acts"

Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations in the field of rendering the state services to which changes and additions, according to appendix to this resolution are made.

2. Recognize to invalid:

1) the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 30, 2020 No. 29 "About approval of requirements to own premises of banks with centralized access to the automated bank information system" (it is registered in the Register of state registration of regulatory legal acts at No. 20281);

2) the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of January 18, 2021 No. 1 "About establishment of requirements to own premises of branch of nonresident bank of the Republic of Kazakhstan with data-processing center (server)" (it is registered in the Register of state registration of regulatory legal acts at No. 22136).

3. To provide to department of bank regulation in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department 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 the Agency of the Republic of Kazakhstan on regulation and development of the financial market after its official publication;

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

4. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

5. This resolution becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of August 28, 2025 No. 42

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations in the field of rendering the state services to which changes and additions are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 67 "About approval of Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent" (it is registered in the Register of state registration of regulatory legal acts at No. 7552) the following changes and amendments:

in Rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of the investment portfolio and the requirements to the documents submitted for receipt of the specified consent, approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of issue, withdrawal of consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio and requirements to the documents submitted for receipt of the specified consent (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK), Item 2 of article 17-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), Item 2 of article 26 of the Law of the Republic of Kazakhstan "About insurance activity" (further – the Law on insurance activity), Item 3 of article 72-1 of the Law of the Republic of Kazakhstan "About the security market" (further – the Law on the security market), the subitem 1) of Article 10, the subitem 1) Articles 11, subitem 9-1) of article 12 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services), Item 2 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions and notifications) also establish procedure for issue to physical persons or legal entities (further - the applicant, uslugopoluchatel), response authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body, the service provider) the consent to acquisition of the status of the large member of bank, bank holding, the large member of the insurance (reinsurance) organization, insurance holding, the large member of the managing director of investment portfolio (further – the large member of the financial organization, bank or insurance holding) and requirements to the documents submitted for receipt of the specified consent.

Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body, also the Single contact center within 3 (three) working days from approval date or change of the corresponding regulatory legal act goes to the operator of information and communication infrastructure of "the electronic government".";

state Item 3 in the following edition:

"3. The list of the main requirements to rendering the state service including the form and result of rendering the state service, the list of the documents and data requested at uslugopoluchatel for rendering the state service, the basis for refusal in rendering the state service, established by the laws of the Republic of Kazakhstan, the term of rendering the state service, and also other requirements taking into account features of provision of the state service (further – the List of the main requirements to rendering the state service), is given in appendix 1 to Rules.

Issue to uslugopoluchatel of consent to implementation of the subspecies of the state service specified in the List of the main requirements to rendering the state service is performed according to Rules.

The statement on acquisition of the status of the large member of the insurance (reinsurance) organization, the managing director of investment portfolio, insurance holding in any form with appendix of required documents is submitted in electronic form by means of the web portal of "the electronic government" www.egov.kz (further – the portal).

The application for acquisition of the status of the large member of bank (for physical persons) is submitted in form according to appendix 1-1 and the Statement for acquisition of the status of bank holding or the large member of bank (for legal entities) in form according to appendix 1-2 to Rules with appendix of required documents and data is submitted in electronic form by means of the portal.

In case of the direction the applicant of the statement through the portal in "personal account" automatically displays the status about acceptance of request for rendering the state service with indication of date and time of receipt of result.";

17, 18 and 19 to state Items in the following edition:

"17. Sources of the means used for share acquisition of bank is the money which is on the bank account of the applicant, received by the applicant:

1) for physical person:

as the income from entrepreneurial, labor and (or) other, the Republic of Kazakhstan which is not prohibited by the legislation or legislation of foreign state of activities;

in the form of donation, inheritance, prizes and (or) from sale gratuitously the received property, the property received as inheritance – in the amount of, not exceeding 25 (twenty five) percent from the cost of the acquired bank shares;

2) for the legal entity:

as the income, receipts from entrepreneurial and (or) other, the Republic of Kazakhstan which is not prohibited by the legislation or legislation of foreign state of activities;

in the form of contribution to the authorized capital of the applicant.

For the legal entity, being the financial organization, sources of the means used for share acquisition of bank assets of the financial organization are provided that share acquisition of bank will not lead to violation by the financial organization of coefficients of sufficiency of equity, liquidity rates or other standard rates (limits) established by the legislation of the state which resident is the financial organization.

The legal entity – the resident of the Republic of Kazakhstan observes requirements of 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", registered in the Register of state registration of regulatory legal acts No. 15886.

The source used for share acquisition of the insurance (reinsurance) organization, the managing director of investment portfolio are:

income gained from business, labor or other paid activity;

the money savings of the applicant documented.

In addition to the sources specified in part four of this Item for share acquisition of the insurance (reinsurance) organization, the managing director of investment portfolio the money received in the form of donation, prizes, income from sale gratuitously gained property, in the amount of, not exceeding 25 (twenty five) percent of cost of the acquired shares of the insurance (reinsurance) organization, the managing director of investment portfolio is used.

18. Requirements regarding submission of copies of the documents confirming large participation of the applicant in the legal entity - the nonresident of the Republic of Kazakhstan and copies of the documents confirming the information about persons, owning directly or indirectly ten or more percent of shares (share in the authorized capital) the applicant, and persons exercising control concerning the applicant wishing to receive consent to acquisition of the status of the large member of bank or bank holding do not extend to the applicant who is the legal entity - the nonresident of the Republic of Kazakhstan, in case of accomplishment of one of the following conditions:

1) availability at the applicant of credit rating is not lower "And -" than one of rating agencies which list is established by the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2012 No. 385 "About establishment of the minimum rating for legal entities and the countries which need of availability is required according to the legislation of the Republic of Kazakhstan regulating activities of the financial organizations, branches of nonresident banks of the Republic of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan, the list of the rating agencies assigning this score", registered in the Register of state registration of regulatory legal acts at No. 8318;

2) availability of information about legal nonresident persons of the Republic of Kazakhstan in whom the applicant is large participant, about large members of the applicant, and also about persons exercising control concerning the applicant on Internet resource of body of financial supervision of the state which resident is the applicant.

19. The applicant wishing to receive the status of insurance holding provides fulfillment of requirements, established by the resolution of Board of National Bank of the Republic of Kazakhstan of August 27, 2018 No. 198 "About approval of Rules of forming of risk management system and internal control for the insurance (reinsurance) organizations, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan" registered in the Register of state registration of regulatory legal acts at No. 17462, regarding availability of risk management systems and internal control including concerning the risks connected with activities of the affiliated organization.";

state Item 27 in the following edition:

"27. Data on legal entities in whom the applicant is large participant are represented in form according to appendix 2 to Rules.

Information (short data) about the applicant - physical person, short data on leading employees of the applicant - the legal entity are represented in form according to appendix 3 to Rules.

Data on the income and property, and also information on the available debt on all obligations of the applicant are represented in form according to appendix 4 to Rules with appendix of the supporting documents sufficient for the analysis of financial position of the applicant.

The data on the leading employees of the applicant who are nonresidents of the Republic of Kazakhstan confirming their faultless goodwill are represented in form according to appendix 5 to Rules. These data are represented by the applicant - the legal entity in case of receipt of the status of the large member of bank or bank holding concerning the leading employees who are nonresidents of the Republic of Kazakhstan.

Information about persons owning directly or indirectly ten or more percent of shares (share in the authorized capital) the applicant, and persons exercising control concerning the applicant contains the following information:

1) for legal entities:

name and location of the legal entity;

data on state registration (re-registration) with indication of the types of activity provided by the charter of the legal entity (to list core activities);

the amount of participation in the authorized capital (the cost of the acquired shares (in thousands of tenges);

ratio of number of shares to total quantity of voting shares or share in the authorized capital (as a percentage): individual (directly or indirectly) or joint tenancy (percent, the name of the legal entity (surname, name, middle name (in case of its availability);

2) for physical persons:

surname, name and middle name (in the presence), residence and legal address;

individual identification number (in the presence);

the amount of participation in the authorized capital (the cost of the acquired shares (in thousands of tenges);

ratio of number of shares to total quantity of voting shares or share in the authorized capital (as a percentage):

individual (directly or indirectly) or joint tenancy (percent, the name of the legal entity (surname, name, middle name (in case of its availability).

These data containing confirmation that the specified information is checked and is reliable and complete, are represented by the applicant - the legal entity in case of receipt of the status of the large member of bank or bank holding concerning persons owning directly or indirectly ten or more percent of shares (share in the authorized capital) the legal entity, and persons exercising control concerning this legal entity.";

state Items 30 and 31 in the following edition:

"30. The documents issued by competent authorities or officials of foreign states are subject to legalization or apostilization according to the requirements of the legislation of the Republic of Kazakhstan or international treaties ratified by the Republic of Kazakhstan (except for identity documents of the physical person – the nonresident of the Republic of Kazakhstan). The specified documents submitted in foreign language are translated on Kazakh and, if necessary, Russian languages also are subject to the notarial attestation according to the legislation of the Republic of Kazakhstan on notariate.

31. In statements for receipt of consent to acquisition of the status of the large member of the insurance (reinsurance) organization or the large member of the managing director of investment portfolio, insurance holding stipulated in Item 8 Lists of the main requirements to rendering the state service, are specified:

1) data on individual identification number of the applicant - physical person or about business - identification number of the applicant - the legal entity;

2) data on state registration (re-registration), the location of the applicant - the legal entity – the nonresident of the Republic of Kazakhstan;

3) data on the number of the acquired shares of the financial organization, their cost, percentage ratio of number of the shares of the financial organization assumed to acquisition, to quantity placed (less exclusive and redeemed) shares and (or) to the number of voting shares of the financial organization;

4) data on the conditions and procedure for share acquisition of the financial organization including which are earlier acquired and also the description of the sources and means used for share acquisition with application of copies of supporting documents;

5) the consent to collection and processing of personal data (for the applicant - physical person) and the data which are the secret protected by the law, containing in information systems.";

state appendix 1 in edition according to appendix 1 to the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations in the field of rendering the state services to which changes and additions are made (further - the List);

add with appendices 1-1 and 1-2 in edition according to appendices 2 and 3 to the List.

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2017 No. 24 "About approval of Rules of issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations" (it is registered in the Register of state registration of regulatory legal acts at No. 15050) the following changes:

in Rules of issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of issue to bank or bank holding of permission to creation or acquisition of the affiliated organization, on considerable equity participation of the organizations, on creation or acquisition by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, and also response and (or) cancellation of permission to creation, acquisition of the affiliated organization, considerable equity participation of the organizations (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK), Item part five 1, part two of Item 13-2 of Article 11-1, part two of Item 1 of article 11-2 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services), Item 2 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions).

Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body, also the Single contact center within 3 (three) working days from approval date or change of the corresponding regulatory legal act goes to the operator of information and communication infrastructure of "the electronic government".";

state appendix 1 in edition according to appendix 4 to the List.

3. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 30, 2020 No. 36 "About approval of Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan, Rules of licensing of banks, branches of nonresident banks of the Republic of Kazakhstan on carrying out the banking and other activities provided by the bank law of the Republic of Kazakhstan, licensing on carrying out the banking and other activities performed by Islamic banks, branches of Islamic nonresident banks of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 20228) the following changes and amendments:

in the Rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of issue of permission to opening of bank, branch of nonresident bank of the Republic of Kazakhstan (further – Rules) are developed according to the Administrative procedural Procedure Code of the Republic of Kazakhstan, part one of Item 1 of Article 13, part five of Item 2 of article 13-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), the subitem 1) of Item 1 of article 9 of the Law of the Republic of Kazakhstan "About state regulation, control and supervision of the financial market and the financial organizations", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services), Item 2 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions and notifications) and determine procedure for issue by authorized body by regulation, to control and supervision of the financial market and the financial organizations (further – authorized body, the service provider) permissions to opening of bank, branch of nonresident bank of the Republic of Kazakhstan (further – permission, the state service).

Information on the made changes and (or) additions in Rules is placed on official Internet resource of authorized body, also the Single contact center within 3 (three) working days from approval date or change of the corresponding regulatory legal act goes to the operator of information and communication infrastructure of "the electronic government".";

state Items 3 and 4 in the following edition:

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