RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2013 No. 196

About approval of Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan and modification of the resolution of Board of National Bank of the Republic of Kazakhstan of January 25, 2013 No. 4 "About approval of Rules of carrying out by National Bank of the Republic of Kazakhstan of auction for security purchase with the return sale"

According to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", and also for the purpose of enhancement of procedure for opening and servicing of bank accounts in National Bank of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan.

2. Of January 25, 2013 No. 4 "About approval of Rules of carrying out by National Bank of the Republic of Kazakhstan of auction for security purchase with the return sale" to make the following change to the resolution of Board of National Bank of the Republic of Kazakhstan:

in the Rules of carrying out by National Bank of the Republic of Kazakhstan of auction for security purchase with the return sale approved by the specified resolution:

4) of Item 8 to state the subitem in the following edition:

"4) the subitem 4) Item 6 of Rules - division of accounting of monetary transactions of National Bank;".

3. Recognize invalid some regulatory legal acts of National Bank of the Republic of Kazakhstan according to appendix to this resolution.

4. This resolution becomes effective from the date of acceptance.

Approved by the resolution of Board of National Bank of the Republic of Kazakhstan of July 26, 2013 No. 196

Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan

1. General provisions

1. Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" of March 30, 1995 and determine procedure for opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan (further - National Bank), except for the correspondent accounts of banks of the second level, JSC Development Bank of Kazakhstan and the organizations performing separate types of banking activities.

2. Categories of the legal entities having the right to open bank accounts in National Bank and also the list of foreign currencies of bank accounts for this category of persons are established by National Bank.

3. The correspondent account of bank - custodian of the single accumulation pension fund opens in National Bank on the basis and according to the procedure, determined by the order of the Chairman of National Bank.

4. For opening of the current or savings account (further - the bank account) in National Bank the legal entity (further - the client) submits the application addressed to the Chairman of National Bank with reasons for need of opening of the bank account for National Bank, with indication of type and currency of the bank account, and also transactions which will be performed with its use, and the documents provided by Rules.

2. Procedure for opening of bank accounts

5. Opening of the bank account in National Bank is made in case of the conclusion of the agreement of the current account or bank deposit agreement (further - the agreement of bank servicing) between the client and National Bank.

Preparation of the agreement of bank servicing is performed by division of accounting of monetary transactions (further - the division servicing bank accounts of clients).

6. The agreement of bank servicing contains the compulsory provisions established by regulatory legal acts of National Bank and also:

1) rights and obligations of the Parties;

2) responsibility of the parties;

3) duration of the agreement and procedure for closing of the bank account of the client;

4) procedure for execution of requirements of the third parties imposed according to the legislation of the Republic of Kazakhstan;

5) details of the parties.

Other conditions approved by the parties are also provided in the agreement of bank servicing.

7. For opening of the bank account the client submits the following documents to National Bank:

1) for residents of the Republic of Kazakhstan:

reference or copy of the certificate on state registration (re-registration) of the legal entity;

the charter or notarially certified copy of the charter or the document confirming the fact of implementation of activities of the client based on the standard charter;

the document with specimen signatures and impress of a seal in the form provided by appendix 1 to the resolution of Board of National Bank of the Republic of Kazakhstan of June 2, 2000 No. 266 "About approval of Rules of opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan" registered in the Register of state registration of regulatory legal acts at No. 1199 (further - Rules No. 266), certified notarially, in duplicate;

the copy (-and) the document(s) certifying the identity of person (persons), the representative(s) to sign payment documents when making the transactions connected with maintaining the bank account of the client (the order money on the bank account) according to the document with specimen signatures and impress of a seal;

the document(s) based on which powers on making of transactions according to the bank account, person (persons) specified in the document with specimen signatures and impress of a seal are conferred;

for the public institutions financed from the government budget, permission of authorized body on budget implementation (in case of opening of the current account);

2) for nonresidents of the Republic of Kazakhstan and their separate divisions (branches and representations):

constituent documents or their notarially certified copy;

the original or notarially certified copy of the statement from the trade register or other document of similar nature containing information on the body which registered legal nonresident person, registration number, date and place of registration in accordance with the established procedure certified by transfer on state or Russian;

for branches and representations of nonresidents - the document of the established form issued by authorized body, confirming the fact of passing of accounting registration (re-registration) or its copy, and also regulations on the relevant branch or representation or its notarially certified copy and notarially certified copy of the power of attorney issued by the nonresident of the Republic of Kazakhstan to the head of branch or representation executed in the state and (or) Russian languages;

the copy of the registration registration certificate of the nonresident as the taxpayer (in case of opening of the current account);

the document with specimen signatures and impress of a seal in the form provided by appendix 1 to Rules No. 266, certified notarially, in duplicate. Submission of the document with specimen signatures and impress of a seal in any form on condition of availability in it of the details provided by appendix 1 to Rules No. 266 is allowed;

the copy (-and) the document(s) certifying the identity of person (persons), the representative(s) to sign payment documents when making the transactions connected with maintaining the bank account of the client (the order money on the bank account) according to the document with specimen signatures and impress of a seal;

the document(s) based on which powers on making of transactions according to the bank account, person (persons) specified in the document with specimen signatures and impress of a seal are conferred.

If the documents specified in paragraphs the second, the third, sixth and seventh the subitem 2) of this Item are constituted in foreign language, the nonresident client of the Republic of Kazakhstan provides in National Bank their notarially certified transfer in the state or Russian languages, and, in case of need, legalized or apostilled according to the legislation of the Republic of Kazakhstan or the international treaty, one of members of whom is the Republic of Kazakhstan.

Central Bank of foreign state for opening of the bank account submits to National Bank the documents provided by paragraphs the fourth (in case of opening of the current account), the fifth, sixth and seventh the subitem 2) of this Item.

The provisional savings account for the newly created legal entity is opened and closed according to the procedure, provided by Rules No. 266.

8. When implementing by the client of the activities relating to licensed, for opening of the bank account in addition is submitted the corresponding license.

9. If the client treats the organizations provided by this Item in addition the documents confirming the client's belonging to the specified category of legal entities are submitted:

1) the organizations, fifty and more percent of shares (shares) of which belong to the Government of the Republic of Kazakhstan or National Bank which activities are to some extent connected with concentration or redistribution of financial resources, provision of services of infrastructure of the financial market, or the developments which are institutes;

2) the affiliated organizations of legal entities, fifty and more percent of shares (shares) of which belongs to the Government of the Republic of Kazakhstan or National Bank which activities are to some extent connected with concentration or redistribution of financial resources, provision of services of infrastructure of the financial market.

10. Opening to the client of the second and subsequent bank accounts in National Bank is performed based on the application issued according to item 4 of Rules without repeated submission of the documents by the client necessary for opening of the bank account, in case of lack of changes in documents of the client at the time of opening of the specified bank accounts and availability of the statement of the client signed by the first head and/or the authorized person about distribution of the document which is available in National Bank with specimen signatures and impress of a seal on again opened bank accounts.

11. To nonresidents of the Republic of Kazakhstan, except for Central Banks of foreign states, opening of the bank account in National Bank is performed in the following cases:

1) their participations in interstate, intergovernmental and other programs of the international level according to which conditions opening of the bank account in National Bank is required;

2) submissions of the petition of Central Bank of the country of the nonresident of the Republic of Kazakhstan for opening of the bank account in National Bank;

3) availability of the resolution of the Chairman of National Bank or his face of the bank account replacing about opening.

12. The National Bank has the right to demand submission of additional documents if it is directly established by the legislation of the Republic of Kazakhstan.

13. The division servicing bank accounts of clients considers the documents submitted by the client for opening of the bank account and within one month from the date of representation of complete document package sends the agreement of bank servicing to the client for the conclusion.

14. In case of discrepancy of the submitted documents for opening of the bank account to the requirements established by Rules, the division servicing bank accounts of clients returns them with indication of return reason.

15. The documents submitted by the client for opening of the bank account are stored in bank in specially opened case separately on each client (further - Case of the client) or in common cause with breakdown of documents on clients in the original. Exceptions constitute the identity documents, charters, documents confirming the fact of implementation of activities of the client based on the standard charter and documents on state registration (re-registration) of clients which are stored in copies.

Document storage of the client, not being originals (the documents certified by the digital signature, copies of documents of the client), only in electronic form without additional storage on papers is allowed if the division servicing bank accounts of clients has possibility of forming of the electronic file.

Copies of the specified documents for storage in the case of the client are made of their originals and certified by the signature of the ranking officer of the division servicing bank accounts of clients. Originals of documents return to the client.

16. In the case of the client also the documents submitted earlier and invalid on which the ranking officer of the division servicing bank accounts of clients puts down the mark "ceased to be valid" with indication of surname, name, middle name and the signature of the ranking officer are stored. At the same time invalid documents with specimen signatures and impress of a seal are crosswisely crossed out and marked with mark about replacement with new documents with indication of their details.

17. Based on the signed agreement of bank servicing by the division servicing bank accounts of clients opening of the bank account to the client by assignment to it individual identification code is made. At the same time the written notice of opening of the bank account with indication of its individual identification code goes to the client within three working days from the date of opening of the account.

18. No later than one working day following the opening day of the bank account to the client - to the legal entity, including the nonresident, to its structural divisions, except the bank accounts intended for storage of pension assets of the single accumulation pension fund and the Voluntary accumulation pension funds, assets of the State Social Insurance Fund, assets, which are ensuring bond issue of special finance company, and assets of investment fund, savings accounts of legal nonresident persons, the division servicing bank accounts of clients notifies the relevant tax authorities by means of transfer on the information and communication network providing the guaranteed delivery of messages on opening of the specified bank accounts, with indication of identification number.

In case of impossibility of the notification on opening of the specified bank accounts by means of transfer on information and communication network because of technical issues the notification goes on paper to tax authority in the location of the client within three working days.

The copy of the notification on opening of the bank account is stored in Case of the client.

19. In case of change of the name of the client, and also when replacing impress of a seal or at least one specimen signature the new document with specimen signatures and impress of a seal according to the procedure, provided by Rules is submitted to National Bank. In case of replacement at least of one specimen signature the copy of the identity document of the corresponding person, and the document based on which powers on making of transactions according to the bank account are conferred to it are in addition represented.

In case of temporary provision by the client of right to sign to other person(s) the temporary document with the corresponding specimen signatures certified notarially or the client in case of its personal presence at bank is processed.

3. Procedure for maintaining bank accounts

20. Maintaining the bank account of the client in National Bank is made by the division servicing bank accounts of clients according to the legislation of the Republic of Kazakhstan and based on the agreement of bank servicing.

21. Maintaining bank accounts is connected with accomplishment of transactions by National Bank according to bank accounts, stipulated by the legislation the Republic of Kazakhstan.

22. All transactions which are carried out by National Bank on the customer account are reflected on individual identification code of the client no later than the day following behind day of receipt in National Bank of the corresponding specifying if other terms are not stipulated by the legislation the Republic of Kazakhstan.

23. Instructions of the client about transfer (issue) of money from its bank account are transferred for execution to the division servicing bank accounts of clients, according to the procedure and the methods established by the legislation of the Republic of Kazakhstan and the agreement of bank servicing.

24. After completion of operational day the division servicing bank accounts of clients constitutes the statement on committed transactions on acceptance (transfer), withdrawal (write-off) of money according to the bank account of the client.

25. The statement according to the bank account and documents based on which records according to the bank account (appendix) are made go to the client according to the procedure, provided by the agreement of bank servicing.

26. Based on committed transactions on acceptance (transfer), withdrawal (write-off) of money of the client the division servicing bank accounts of clients exercises daily control of correctness of reflection of the specified transactions according to the bank account of the client.

27. For receipt of cash if it is provided by the agreement of bank servicing, the client sends to National Bank on electronic communication channels, means of fax connection or through the authorized person the request for receipt of cash (further - the Request) according to the Schedule of operational day of National Bank.

28. Receipt of cash by the client based on the Request is performed through account cash desks of National Bank by presentation by the client of the check for receipt of cash which is drawn up according to the procedure, established by the legislation of the Republic of Kazakhstan.

29. All transactions according to the bank account of the client are performed by the division servicing bank accounts of clients within remaining balance of money on the bank account of the client.

30. In case of presentation of the collection order to customer account and/or insufficiency of money on the customer account for execution of the Request the National Bank cancels the Request what immediately notifies the client on.

31. Money withdrawal from the bank account of the client without its consent is made on the bases provided by legal acts of the Republic of Kazakhstan, and according to the procedure, established by National Bank.

32. In case of insufficiency of money on the bank account of the client for satisfaction of the next requirement imposed to the client, the division servicing bank accounts of clients accumulates the money arriving for benefit of the client which amount is sufficient for satisfaction of the specified requirement. In case of presentation to the client of several requirements, the division servicing bank accounts of clients makes money withdrawal according to the procedure of priority, the stipulated by the legislation Republic of Kazakhstan.

33. In case of execution of the collection order of bodies of Tax Service about collection of tax debt, private legal executives and bodies of enforcement proceeding according to executive documents and in case of insufficiency of money on the bank account of the client for complete payment of the amount specified at the collection order, this collection order is performed by the division servicing bank accounts of clients in process of receipt of money for the bank account of the client.

34. Suspension of account transactions according to the bank account or arrest of the money which is on the bank account of the client is made according to the legislation of the Republic of Kazakhstan based on relevant decisions (resolutions) of the authorized bodies having rights of suspension of account transactions on the bank account or arrest of the money of the client which is on the bank account.

35. Renewal of account transactions of the client is made based on adequate notices of authorized bodies about cancellation of decisions or resolutions on seizure of the money which is on the bank account, or suspension of account transactions on it and also in cases, stipulated by the legislation the Republic of Kazakhstan.

4. Procedure for closing of bank accounts

36. Closing of the bank account is made based on the statement of the client if other is not stipulated by the legislation or the agreement.

37. When closing the bank account cancellation of individual identification code of the account holder is made.

38. Closing of the bank account of the client in the cases provided by Rules No. 266 is forbidden.

39. After closing of bank accounts of the client - the legal entity, including the nonresident, its structural divisions, except the bank accounts intended for storage of pension assets of the single accumulation pension fund and the Voluntary accumulation pension funds, assets of the State Social Insurance Fund, assets, which are ensuring bond issue of special finance company, and assets of investment fund, savings accounts of legal nonresident persons, the division servicing bank accounts of clients notifies the relevant tax authorities on their closing by means of transfer on the information and communication network providing the guaranteed delivery of messages no later than one working day following behind day of their closing with indication of identification number.

In case of impossibility of the notification on closing of the specified bank accounts by means of transfer on information and communication network because of technical issues the notification goes on paper to tax authority in the location of the client within three working days.

The division servicing bank accounts of clients stores the copy of the notification on closing of the bank account in Case of the client.

Appendix

to the resolution of Board of National Bank of the Republic of Kazakhstan of July 26, 2013 No. 196

List of regulatory legal acts of National Bank of the Republic of Kazakhstan, invalid

1. The resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan".

2. The resolution of Board of National Bank of the Republic of Kazakhstan of October 21, 2002 No. 414 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of the Instruction about procedure for opening, maintaining and closing of bank accounts in National Bank of the Republic of Kazakhstan the legal entities who are not performing banking activity".

3. The resolution of Board of National Bank of the Republic of Kazakhstan of August 11, 2003 No. 294 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of the Instruction about procedure for opening, maintaining and closing of bank accounts in National Bank of the Republic of Kazakhstan the legal entities who are not performing banking activity".

4. The resolution of Board of National Bank of the Republic of Kazakhstan of August 12, 2006 No. 85 "About entering of amendments and changes into the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of the Instruction about procedure for opening, maintaining and closing of bank accounts in National Bank of the Republic of Kazakhstan the legal entities who are not performing banking activity".

5. The resolution of Board of National Bank of the Republic of Kazakhstan of August 22, 2008 No. 68 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of the Instruction about procedure for opening, Maintaining and closing of bank accounts in National Bank of the Republic of Kazakhstan the legal entities who are not performing banking activity".

6. The resolution of Board of National Bank of the Republic of Kazakhstan of December 22, 2008 No. 108 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of the Instruction about procedure for opening, maintaining and closing of bank accounts in National Bank of the Republic of Kazakhstan the legal entities who are not performing banking activity".

7. The resolution of Board of National Bank of the Republic of Kazakhstan of March 25, 2011 No. 23 "About entering of amendments and changes into the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan".

8. The resolution of Board of National Bank of the Republic of Kazakhstan of September 30, 2011 No. 131 "About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of July 17, 2000 No. 287 "About approval of Rules of opening, maintaining and closing of business bank accounts in National Bank of the Republic of Kazakhstan".

9. Item 1 of the resolution of Board of National Bank of the Republic of Kazakhstan of July 27, 2012 No. 222 "About modification and amendments in some resolutions of Board of National Bank of the Republic of Kazakhstan concerning opening of bank accounts in National Bank of the Republic of Kazakhstan".

 

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