of July 5, 2012 No. 30-V ZRK
About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the organization of activities of National Bank of the Republic of Kazakhstan, regulation of the financial market and the financial organizations"
Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:
1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; The Law of the Republic of Kazakhstan of June 21, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way, and to financing of terrorism and cashing in of money" published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 23, 2012):
Part the second Item 2 of Article 718 to state 1) in the following edition:
"The extreme size of annual effective rate of remuneration is determined by regulatory legal act of National Bank of the Republic of Kazakhstan.";
2) in Article 739:
add with Item 2-1 of the following content:
"2-1. In case of the conclusion with bank of bank account agreement and (or) bank deposit agreement bank accounts are opened.";
state Item 3 in the following edition:
"3. The bank can use the money which is available on the bank account, guaranteeing the client's right to dispose freely of the money.".
2. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 12, Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 1, Art. 9; No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50; No. 14, Art. 117; No. 16, Art. 128, 129; No. 23, Art. 179; 2012, No. 2, Art. 14; No. 6, Art. 43, 44; No. 8, Art. 64):
Part 1-4 of Article 30 to state 1) in the following edition:
"1-4. The specialized financial court considers civil cases on receivership or non-property proceeding of the member of regional financial center, and also civil cases about restructuring of the financial organizations and organizations entering into banking conglomerate as the parent organization and not being the financial organizations in the cases provided by the laws of the Republic of Kazakhstan.";
Article 158 to add 2) with the paragraph third the following content:
"Taking measures is not allowed to providing the claim concerning suspension of action of the disputed legal act of National Bank of the Republic of Kazakhstan for suspension of actions and (or) deprivation of licenses for activities in the financial market, to carrying out preservation of the financial organizations, and also its written instructions.";
The subitem 5) to state 3) to part one of Article 159 in the following edition:
"5) suspension of action of the disputed legal act of state body, local government body (except for the legal act of National Bank of the Republic of Kazakhstan on suspension of actions and (or) deprivation of licenses for activities in the financial market, to carrying out preservation of the financial organizations, and also its written instructions);";
2) parts two of Article 312-2 of the word "authorized body on regulation and supervision of the financial market and the financial organizations" shall be replaced with words 4) in the subitem "National Bank of the Republic of Kazakhstan";
Article 312-3 to add 5) with the words "to production of court";
Part third of Article 312-4 to state 6) in the following edition:
"3. The copy of the judgment which took legal effect about carrying out restructuring of the financial organization goes specialized financial court of the financial organization, to National Bank of the Republic of Kazakhstan and to territorial authorities of enforcement proceeding.";
7) in Article 312-6:
the paragraph one of part one to state in the following edition:
"1. The judgment is made on the termination of restructuring of the financial organization for the statement of National Bank of the Republic of Kazakhstan for the following bases:";
the second to state part in the following edition:
"2. The statement of National Bank of the Republic of Kazakhstan specified in part one of this Article is considered by court within five days from the date of its acceptance to production of court.".
3. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 2122, Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; No. 21-22, of the Art. 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; № 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; No. 13-14, of the Art. 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, No. 2-3, of the Art. 7, 21; No. 9-10, of the Art. 47, 48; No. 13-14, of the Art. 62, 63; No. 15-16, of the Art. 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2, of the Art. 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; No. 17-18, of the Art. 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; The law of the Republic of Kazakhstan of June 21, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the illegal way, and to financing of terrorism and cashing in of money" published in the Egemen Kazakstan and Kazakhstan Truth newspapers on June 23, 2012):
1) in table of contents:
to state heading of Article 168 in the following edition:
"Article 168. Carrying out payments and money transfers on currency transactions without submission of the documents required according to the foreign exchange legislation of the Republic of Kazakhstan";
in heading of Article 168-4 of the word "Article 168-4." Shall be replaced with words exceeding of natural regulations on administrative expenses "Article 168-8. Exceeding of natural regulations on administrative expenses";
add with headings of Articles 168-6 and 168-7 of the following content:
"Article 168-6. Violation of procedure and terms of submission of the reporting by agents of currency exchange control
Article 168-7. Violation of procedure and terms of submission of the reporting by authorized banks for the purposes of implementation of monitoring of sources of the demand and supply, and also the directions of use of foreign currency in the domestic foreign exchange market";
169, of 171, 172-2, 175-1, 175-2, 179-3, 180, of 187, 191 and 193 to state headings of Articles in the following edition:
"Article 169. Violation of the requirements connected with bank customer service";
"Article 171. Violation of requirements for provision of information (data) in authorized body on control and supervision of the financial market and the financial organizations";
"Article 172-2. Failure to carry out by subjects of the financial market of the obligations accepted by them and (or) assigned to them by means of application of limited corrective actions";
"Article 175-1. Violation of the terms of approval of leading employees of the financial organizations, bank and insurance holdings established by the legislation of the Republic of Kazakhstan, Fund of guaranteeing insurance payments
Article 175-2. The untimely notification of authorized body on control and supervision of the financial market and the financial organizations about opening and the termination of activities of branches and representative offices of the financial organizations, and also non-compliance with requirements of the legislation of the Republic of Kazakhstan when opening branches, representative offices of the financial organizations";
"Article 179-3. Failure to carry out by the accumulation pension funds and (or) organizations exercising investment control of pension assets, prudential standard rates and (or) other regulations and limits, obligatory to observance";
"Article 180. Violation of procedure for provision of the reporting, information and the documents on currency transactions required according to the foreign exchange legislation of the Republic of Kazakhstan";
"Article 187. Failure to meet requirement of repatriation of national and foreign currency";
"Article 191. Violation of term of submission of documents for registration of changes and amendments to the avenue of release of issued securities";
"Article 193. Violation by the subject of the security market of requirements for provision of the reporting, information, data to authorized body on control and supervision of the financial market and the financial organizations";
to exclude heading of Article 197;
to state heading of Article 197-1 in the following edition:
"Article 197-1. Violation by the professional participant of the security market and the organizer of the biddings with securities of the requirements established by the legislation of the Republic of Kazakhstan to their activities";
to exclude heading of Article 198;
to state headings of Articles 201-1 and 587 in the following edition:
"Article 201-1. Violation of requirements of the Law of the Republic of Kazakhstan "About investment funds";
"Article 587. Representatives of the legal entity";
Part the sixth Article 16 to state 2) in the following edition:
"6. Making in production process on the case of administrative offense against the will of person or his representative of the actions breaking integrity of human beings is possible only in the cases and procedure which are directly provided by this Code.";
Part one of Article 48 to state 3) in the following edition:
"1. The administrative penalty (further - penalty) is the cash collection imposed for administrative offense in the cases and limits provided in Articles of the special part of this Section, in the amount of, corresponding to certain quantity of the monthly settlement indicator established according to the law existing at the time of imposing of administrative punishment.
In the cases provided in Articles of the special part of this Section, the size of penalty is expressed percentage of:
the amounts of the harm done to the environment;
the amounts of the unexecuted or fulfilled in an inadequate way tax liability;
the amounts of not listed (out of time listed) social assignments;
the amounts of cost of the excise goods received as a result of illegal entrepreneurship;
the amounts unaccounted according to requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting or considered in an inadequate way;
the amounts of transaction (transaction) which is (carried out) with violation of the financial legislation of the committed Republic of Kazakhstan;
income amounts (revenue), received as a result of implementation of monopolistic activities or violation of the law of the Republic of Kazakhstan about power industry, about natural monopolies and the controlled markets, the legislation of the Republic of Kazakhstan regulating activities of the financial market and the financial organizations;
costs of the energy resources used over the approved standard rates for the period in which there was offense, but no more than in one year;
the amounts of not enlisted national and foreign currency.
If the size of penalty is expressed in the provided Articles of the special part of this Section percentage of the transaction amount which is carried out with violation of regulations of the financial legislation of the Republic of Kazakhstan, and such operation is performed in foreign currency, recalculation of the amount of fine of tenge is performed on the official rate established by National Bank of the Republic of Kazakhstan on the date of imposing of administrative punishment.";
The subitem 2) to state 4) to part one of Article 61 in the following edition:
"2) prevention by person who made administrative offense, harmful effects of offense, voluntary compensation of damage or elimination of damage suffered;";
Part third of Article 69 to state 5) in the following edition:
"3. In case of the lasting administrative offense, and also when making the administrative offense in the field of the budget relations encroaching on the interests of society and state, the edition and application of illegal regulatory legal act protected by the law and for abuse of regulations person is not subject to state registration of regulatory legal acts to administrative prosecution after two months from the date of detection of administrative offense.
When making administrative offense in the field of finance person is subject to administrative prosecution no later than five years from the date of making of administrative offense, but cannot be brought to the administrative responsibility after two months from the date of detection of administrative offense.";
Article 88 to add 6) with part seven of the following content:
"7. Discrepancy of the investment declaration of the accumulation pension fund to requirements, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, to its content
attracts penalty on officials in the amount of fifty, on legal entities - in the amount of hundred monthly settlement indicators.";
Paragraph two of Article 158 to state 7) in the following edition:
"attracts penalty in the amount of fifty monthly settlement indicators.";
To state paragraph two of Article 158-1 in the following edition:
"attracts penalty in the amount of fifty monthly settlement indicators.";
Articles 158-2, 168 and 168-2 to state 9) in the following edition:
"Article 158-2. Violation of obligation of preserving mystery of pension accruals
Violation of obligation of preserving the data containing the mystery of pension accruals without the consent of their owner by person to which they became known in connection with professional or office activity,
attracts penalty in the amount of fifty monthly settlement indicators.";
"Article 168. Carrying out payments and money transfers on currency transactions without submission of the documents required according to the foreign exchange legislation of the Republic of Kazakhstan
1. Carrying out by authorized banks payments and money transfers on currency transactions without submission of the documents required according to the foreign exchange legislation of the Republic of Kazakhstan
attracts the prevention.
2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty in the amount of fifty monthly settlement indicators.";
"Article 168-2. Violation of requirements of the bank law of the Republic of Kazakhstan
1. Failure to provide, and equally untimely provision of the reporting, data or other required information or provision in authorized body on control and supervision of the financial market and the financial organizations by banks, large members of banks, bank holdings, and also the physical persons and legal entities corresponding to signs of the large member of bank or bank holding according to the bank law of the Republic of Kazakhstan, the organizations performing separate types of banking activities, the reporting, information which is not containing data which submission is required according to the bank law of the Republic of Kazakhstan, or provision of the doubtful reporting or data or other required information
attract penalty on physical persons in the amount of fifty, on officials - in the amount of hundred, on legal entities - in the amount of two hundred monthly settlement indicators.
2. The actions (failure to act) provided by part one of this Article, made repeatedly within year after imposing of administrative punishment
attract penalty on physical persons in the amount of hundred, on officials - in the amount of two hundred, on legal entities - in the amount of six hundred monthly settlement indicators.
3. Numerous (two and more times during twelve consecutive calendar months) violation by banks, the organizations performing separate types of the banking activities established by National Bank of the Republic of Kazakhstan of prudential standard rates and (or) other regulations and limits, obligatory to observance
attracts penalty on legal entities in the amount of three hundred monthly settlement indicators.
4. Numerous (two and more times during three consecutive calendar months) violation by banks of standard rates of the minimum reserve requirements established by National Bank of the Republic of Kazakhstan
attracts penalty on legal entities in the amount of three hundred monthly settlement indicators.
5. Implementation by banks, bank holdings, the organizations performing separate types of the banking activities, transactions and transactions prohibited according to the bank law of the Republic of Kazakhstan or in defiance of the bank law of the Republic of Kazakhstan, and which are equally going beyond their legal capacity
attracts penalty on officials in the amount of hundred monthly settlement indicators, on legal entities - in the amount of one tenth percent from the amount of transaction, but at least two hundred and no more than one thousand monthly settlement indicators.
6. The action provided by part five of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on officials in the amount of two hundred monthly settlement indicators, on legal entities - in the amount of one percent from the amount of transaction, but at least four hundred and no more than two thousand monthly settlement indicators.
7. The creation by banks, the organizations performing separate types of banking activities, the reporting which led to misstatement of the indicators containing in it or data on accomplishment of the prudential standard rates and (or) other regulations and limits, obligatory to observance, determined by the bank law of the Republic of Kazakhstan
attracts penalty on officials in the amount of hundred, on legal entities - in the amount of two hundred monthly settlement indicators.
8. The action provided by part seven of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on officials in the amount of two hundred, on legal entities - in the amount of six hundred monthly settlement indicators.
9. Violation by banks, the organizations performing separate types of banking activities, procedure for opening and closing of bank accounts of clients
attracts penalty on officials in the amount of thirty, on legal entities - in the amount of hundred monthly settlement indicators.
10. Action (failure to act) provided by part nine of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on officials in the amount of sixty, on legal entities - in the amount of two hundred monthly settlement indicators.
11. Failure to carry out by banks, the organizations performing separate types of banking activities, obligations on specifying of rate of remuneration in reliable, annual, effective, comparable basis in the agreements signed with clients and also in case of distribution of information on remuneration sizes on financial services including its publications,
attracts penalty on officials in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.
12. The announcement or publication by bank in mass media of the advertizing untrue on the date of publication
attracts penalty in the amount of two hundred monthly settlement indicators.";
10) in heading of Article 168-4 of the word "Article 168-4." Shall be replaced with words exceeding of natural regulations on administrative expenses "Article 168-8. Exceeding of natural regulations on administrative expenses";
To add 11) with Articles 168-6 and 168-7 of the following content:
"Article 168-6. Violation of procedure and terms of submission of the reporting by agents of currency exchange control
1. Untimely representation by agents of currency exchange control of the reporting under transactions of clients
attracts the prevention on legal entities.
2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on the legal entities who are subjects of medium business in the amount of fifteen, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators.
3. Representation by agents of currency exchange control of the doubtful reporting under transactions of clients
attracts the prevention on legal entities.
4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on the legal entities who are subjects of medium business in the amount of fifteen, on the legal entities who are subjects of big business - in the amount of forty monthly settlement indicators.
5. Non-presentation by agents of currency exchange control of the reporting under transactions of clients
attracts penalty on the legal entities who are subjects of medium business in the amount of thirty, on the legal entities who are subjects of big business in the amount of eighty monthly settlement indicators.
Article 168-7. Violation of procedure and terms of submission of the reporting by authorized banks for the purposes of implementation of monitoring of sources of the demand and supply, and also the directions of use of foreign currency in the domestic foreign exchange market
1. Untimely submission of the reporting by authorized banks for the purposes of implementation of monitoring of sources of the demand and supply, and also the directions of use of foreign currency in the domestic foreign exchange market
attracts the prevention on legal entities.
2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on legal entities in the amount of forty monthly settlement indicators.
3. Submission of the doubtful reporting by authorized banks for the purposes of implementation of monitoring of sources of the demand and supply, and also the directions of use of foreign currency in the domestic foreign exchange market
attracts the prevention on legal entities.
4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment,
attracts penalty on legal entities in the amount of forty monthly settlement indicators.
5. Non-presentation of the reporting by authorized banks for the purposes of implementation of monitoring of sources of the demand and supply, and also the directions of use of foreign currency in the domestic foreign exchange market
attracts penalty on legal entities in the amount of eighty monthly settlement indicators.";
Articles 169, of 171, 172-1, 172-2 and 173 to state 12) in the following edition:
"Article 169. Violation of the requirements connected with bank customer service
1. The untimely acceptance or refusal in the acceptance, untimely execution by banks, the organizations performing separate types of banking activities, instructions for payment or money transfer in defiance of the terms established by the Law of the Republic of Kazakhstan "About payments and money transfers"
attract penalty on legal entities in the amount of five percent from the amount of instruction for payment or money transfer, but no more than two hundred monthly settlement indicators.
2. Execution by banks, the organizations performing separate types of banking activities, the instruction for payment or money transfer the made for benefit of the beneficiary excellent from which is put down in specifying or on the amount, excellent from put down in specifying,
attracts penalty on legal entities in the amount of five percent from the amount of instruction for payment or money transfer, but no more than two hundred monthly settlement indicators.
3. Loss by banks, the organizations performing separate types of banking activities, payment documents of clients
attracts penalty on legal entities in the amount of hundred monthly settlement indicators for each payment document.
4. Unreasonable refusal by banks, the organizations performing separate types of banking activities in the acceptance of instruction for payment or money transfer:
when providing amount of money with the sender necessary for money transfer implementation;
if the payment document does not contain counterfeit signs;
if the sender observes requirements to procedure for creation and presentation of specifying about money transfer and (or) other requirements established by the legislation of the Republic of Kazakhstan and (or) terms of the contract;
if the refusal in the acceptance of specifying does not belong to the cases provided by the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the illegal way and to terrorism financing"
attracts penalty on legal entities in the amount of five percent from the amount of instruction for payment or money transfer, but no more than two hundred monthly settlement indicators.
5. Violation by banks, the organizations performing separate types of banking activities, money withdrawal priorities from the bank account of the client established by the Civil code of the Republic of Kazakhstan
attracts penalty on legal entities in the amount of hundred monthly settlement indicators.
6. Non-execution of instructions for payment or money transfer or requirements for receipt of money cash, and also not transfer of money for the bank account of the owner in defiance of requirements of the legislation of the Republic of Kazakhstan
attract penalty on legal entities in the amount of five percent from the amount of instruction for payment or money transfer, but no more than two hundred monthly settlement indicators.
Note.
Requirements of this Article do not extend to actions (failure to act), responsibility for which is provided by Article part five 88, part three of Article 88-1, Articles 216 and 217 of this Code.";
"Article 171. Violation of requirements for provision of information (data) in authorized body on control and supervision of the financial market and the financial organizations
Failure to provide, and equally untimely provision of the reporting, data or other required information founders (shareholders) of bank, accumulation pension fund and their affiliirovanny persons, the accumulation pension fund, the organization exercising investment control of pension assets, the large member of the accumulation pension fund, the organization exercising investment control of pension assets, the physical persons or legal entities corresponding to signs of the large member of the accumulation pension fund, the organization exercising investment control of pension assets, or provision of them in authorized body on control and supervision of the financial market and the financial organizations of the reporting, information which is not containing data which provision is required according to the bank law of the Republic of Kazakhstan or the legislation of the Republic of Kazakhstan on provision of pensions or provision by them of the doubtful reporting or data or other required information
attract penalty on physical persons in the amount of hundred, on legal entities - in the amount of two hundred monthly settlement indicators.";
"Article 172-1. Violation of the requirements connected with liquidation of banks, insurance (reinsurance) organizations and accumulation pension funds
1. Failure to carry out by the chairman of liquidation commission of bank, insurance (reinsurance) organization, accumulation pension fund in time, established by authorized body on control and supervision of the financial market and the financial organizations, the written instruction about elimination of violations of the law of the Republic of Kazakhstan
attracts penalty in the amount of forty monthly settlement indicators.
2. Evasion of the chairman or division manager of liquidation commission from conducting check by authorized body on control and supervision of the financial market and the financial organizations of activities of liquidation commission or preventing to its carrying out
attracts penalty in the amount of twenty five monthly settlement indicators.
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