RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2012 No. 380

About approval of Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level

For the purpose of enhancement of regulatory legal acts of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level (further - Rules).

2. Recognize invalid the following regulatory legal acts of the Republic of Kazakhstan:

1) the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of February 28, 2011 No. 23 "About approval of Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level and introduction of amendments to the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of November 28, 2008 No. 200 "About approval of Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level, the accumulation pension fund and (or) the organization exercising the investment control of pension assets, the insurance (reinsurance) organization" (registered in the Register of state registration of regulatory legal acts at No. 6886);

2) the resolution of Board of National Bank of the Republic of Kazakhstan of April 28, 2012 No. 175 "About modification and amendments in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations of February 28, 2011 No. 23 "About approval of Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level and introduction of amendments to the resolution of Board of the RK Agency on regulation and supervision of the financial market and the financial organizations of November 28, 2008 No. 200 "About approval of Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level, the accumulation pension fund and (or) the organization exercising investment control of pension assets the insurance (reinsurance) organization" (registered in the Register of state registration of regulatory legal acts at No. 7732, published on August 25, 2012 in the Kazakhstanskaya Pravda newspaper No. 286-287 (2710527106)).

3. This resolution becomes effective after ten calendar days after day of its first official publication, except for the subitem 9) of Item 1, of the subitem 11) of Item 2 and Item 6 of Rules which become effective since January 1, 2013.

4. Banks of the second level perfrom forecast calculation of factor, the provided subitem 9) of Item 1 of Rules, as of January 1, 2014.

In case of identification of factor, the provided subitem 9) of Item 1 of Rules, banks of the second level till October 1, 2013 represent to Committee on control and supervision of the financial market and the financial organizations of National Bank of the Republic of Kazakhstan the actions plan providing measures of early reaction for increase in financial stability of bank, non-admission of deterioration in its financial position and increase in the risks connected with its activities according to item 4 of Rules.

Approved by the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2012 No. 380

Rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level

These rules of application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level (further - Rules) are developed according to the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and establish procedure for application of measures of early reaction and technique of determination of the factors influencing deterioration in financial position of bank of the second level (further - bank).

The committee on control and supervision of the financial market and the financial organizations of National Bank of the Republic of Kazakhstan (further - Committee) applies to bank of measure of early reaction in case of identification of the factors influencing deterioration in financial position of bank.

1. The factors influencing deterioration in financial position of bank are:

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