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

of January 27, 2026 No. 1

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations

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

1. Approve the enclosed list of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations to which changes are made.

2. To provide to department of methodology and prudential regulation of the financial organizations 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.

3. 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.

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

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of January 27, 2026 No. 1

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations to which changes are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of May 30, 2016 No. 144 "About establishment of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks, their normative values and technique of calculations of prudential standard rates and other regulations and limits, obligatory to observance, for Islamic banks" (it is registered in the Register of state registration of regulatory legal acts at No. 13939) the following changes:

state appendix 2 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 to which changes are made (further – the List);

state appendix 5 in edition according to appendix 2 to the List.

2. In the Resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 308 "About establishment of prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulations and limits" (it is registered in the Register of state registration of regulatory legal acts at No. 14788) to suspend from January 1, 2026 to December 31, 2027 inclusive action of the following regulation:

in Prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of the regulations and limits approved by the specified resolution:

Item 33, having determined that during suspension this Item is effective in the following edition:

"33. The relation of the extent of risk of the Organization on one borrower for its obligations to equity of the Organization does not exceed k2 - 0,25, except for of the extent of risk on banks of the second level, having rating "VV-" 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.

The relation of the extent of risk of the Organization on one bank of the second level for its obligations to equity of the Organization does not exceed k2 - 0,5. On condition of availability at bank of the second rating level not below "VV-" of the Standard & Poor agency "s (Standard энд Purs) or the rating of similar level of one of other rating agencies.

The maximum size of loans of the Organization (loan portfolio) created according to the Maximum size of loans of the organization according to appendix 5 to Prudential standard rates does not exceed the size of equity of the Organization more than by 8 (eight) times.".

3. 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 79 in the following edition:

"79. From July 1, 2016 to August 31, 2018 the coverage ratio of liquidity is calculated banks for the purpose of liquidity risk assessment. Calculation of coverage ratio of liquidity is made for the last working day of month with representation of results of calculations to authorized body on monthly basis. The minimum value of coverage ratio of liquidity is established in the amount of:

from September 1, 2018 to December 31, 2018 - 0,5;

from January 1, 2019 to December 31, 2019 - 0,6;

from January 1, 2020 to March 31, 2020 - 0,8, from April 1, 2020 to September 30, 2020 - 0,6, from October 1, 2020 to December 31, 2020 - 0,8;

from January 1, 2021 to December 31, 2021 - 0,9;

from January 1, 2022 to April 30, 2022 - 1;

from May 1, 2022 to December 31, 2023 - 0,8;

from January 1, 2024 to December 31, 2027 - 0,9;

since January 1, 2028 - 1.

In case of decrease in value of coverage ratio of liquidity is lower than the established minimum values, but not below:

from September 1, 2018 to December 31, 2018 - 0,43;

from January 1, 2019 to December 31, 2019 - 0,50;

from January 1, 2020 to March 31, 2020 - 0,68, from April 1, 2020 to September 30, 2020 - 0,50, from October 1, 2020 to December 31, 2020 - 0,68;

from January 1, 2021 to December 31, 2021 - 0,77;

from January 1, 2022 to April 30, 2022 - 0,85;

from May 1, 2022 to December 31, 2023 - 0,68;

from January 1, 2024 to December 31, 2027 - 0,77;

since January 1, 2028 - 0,85,

the bank within 3 (three) working days from the date of identification of such decrease sends to authorized body the actions plan on increase in values of coverage ratio of liquidity to level at least the established minimum values, and makes for each working day of the month following date of decrease in coverage ratio of liquidity, calculation of values of coverage ratio of liquidity and calculation of shortcoming to the established minimum values.

The actions plan contains measures for increase in coverage ratio of liquidity to level at least the established minimum values within no more than 30 (thirty) calendar days from the date of the first decrease in values of coverage ratio of liquidity is lower than the minimum established values.

The shortcoming to the established minimum values is calculated as difference between the established minimum value and the actual value of coverage ratio of liquidity.

The standard rate is considered fulfilled if the amount of shortcomings to the established minimum values in the month following date of decrease in values of coverage ratio of liquidity is lower than the minimum established values, constitutes no more 0,25.

The standard rate is considered broken in the following cases:

decrease in value of coverage ratio of liquidity is lower than the level specified in paragraphs the second, third, the fourth, fifth and sixth to part two of this Item;

decrease in values of coverage ratio of liquidity is lower than the minimum established values, but in the limits set in paragraphs the second, third, the fourth, fifth and sixth parts two of this Item, three and more times for the last 6 (six) months;

not execution of the actions plan on increase in coverage ratio of liquidity to level is at least established minimum values;

exceeding of the amount of shortcomings to the established minimum values in the month following date of decrease in values of coverage ratio of liquidity is lower than the minimum established values, over 0,25.

The coverage ratio of liquidity is not considered broken during the period from February 21, 2022 to December 31, 2022 inclusive in case of decrease in its value below of the established minimum value on the circumstances, independent of bank, connected with:

in cash outflow of clients;

revaluation of asset cost and obligations in connection with change of the stock exchange rate of tenge to foreign currencies;

change of currency structure of obligations of bank.

The bank within 3 (three) working days from the date of identification of such decrease sends for approval in authorized body the actions plan on increase in coverage ratio of liquidity to level at least the established minimum value till 9 (nine) months from the date of identification of the specified decrease.

The authorized body performs approval of the actions plan specified in part eight of this Item within 10 (ten) working days from the date of its representation.

If this decrease will not be eliminated in time, established by the actions plan, decrease in coverage ratio of liquidity is considered as violation of this standard rate from the date of identification of the specified decrease.";

state appendix 5 in edition according to appendix 3 to the List;

state appendix 6 in edition according to appendix 4 to the List.

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of November 28, 2019 No. 215 "About approval of Rules of calculation and extreme value of coefficient of debt load of the borrower of the organization performing microfinancial activities" (it is registered in the Register of state registration of regulatory legal acts at No. 19670) the following changes:

state Item 3 in the following edition:

"3. The microfinancial organization perfroms calculation of coefficient of debt load of the borrower before decision making about (about):

to issue to the borrower of the microcredit, including microcredit (part of the microcredit) within the credit line opened for the borrower;

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

to issue to the borrower of the additional microcredit within signed signed the agreement (agreements) on provision of the microcredit;

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

Requirements of part one of this Item extend to the microcredits provided to 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 the microfinancial organization.";

state Item 6 in the following edition:

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

 

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;

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

3) the average monthly amount of replenishment of debit card 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 income of the borrower determined as the relation of average value of the amount of the monthly payments of the borrower on the extinguished and (or) outstanding bank loans and the microcredits for the last 6 (six) consecutive calendar months preceding date of the address of the borrower, made without delay to the most admissible value of coefficient of debt load (0,5);

8) 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);

9) 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) 8) and 9) of part two of this Item, is confirmed by the borrower with provision of the relevant documents and (or) is requested by the microfinancial organization 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), 6) and 7) 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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