LETTER OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2013 No. 29208/225/2980-YuL/N

National Bank of the Republic of Kazakhstan, having considered your letter concerning execution of payment documents and requests on availability and bank account numbers of the client in case of discrepancy of the name of the client, reports the following.

On the first question:

According to Item 22 of the Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders approved by the resolution of Board of National Bank of the Republic of Kazakhstan of April 25, 2000 No. 179 (further - the Instruction), the bank receiver and bank of the beneficiary refuse the acceptance of the payment document in case of discrepancy of details of the client (individual identification code (further - IIK), IIN (BIN)) to the details specified in the payment document and also discrepancies of the name of the sender of money to the name of the client specified in the payment document.

Thus, discrepancy of the name of the sender of money to its name specified in the payment document is one of the refusal bases in the acceptance of the payment document.

We note that the requests of banks and state bodies or officials about availability and bank account numbers of clients directed according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" (further the Law on banks), are not payment documents. Therefore, the regulation of Item 22 of the Instruction is not applicable by consideration of the specified requests.

At the same time, the legislation of the Republic of Kazakhstan does not provide the refusal bases performed by such requests, in particular, in case of discrepancy availability in the name of the client.

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