RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2014 No. 109

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning regulation, control and supervision of the financial market and the financial organizations

For the purpose of implementation of the laws of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning authorization system" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed List of regulatory legal acts of the Republic of Kazakhstan concerning regulation, control and supervision of the financial market and the financial organizations to which changes and additions, according to appendix to this resolution are made.

2. This resolution becomes effective after twenty one calendar days after day of its first official publication, but not earlier than November 21, 2014.

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan of July 16, 2014 No. 109

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation, control and supervision of the financial market and the financial organizations to which changes and additions are made

1. Ceased to be valid according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 28.12.2018 No. 322

2. Ceased to be valid according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 28.01.2016 No. 26

3. Ceased to be valid according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 29.04.2016 No. 115

4. Bring 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 April 30, 2007 No. 121 "About approval of Rules of issue of permission to opening of bank, and also licensing of banking and other activities, the activities in the security market performed by banks" (registered in the Register of state registration of regulatory legal acts at No. 4718, published on July 13, 2007 in the newspaper the Legal newspaper" No. 106 (1309) the following changes and amendments:

in Rules of issue of permission to opening of bank, and also licensing of banking and other activities, the activities in the security market performed by banks, approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of issue of permission to opening of bank, and also licensing of the banking and other activities, activities in the security market performed by banks (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), of July 2, 2003 "About the security market", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of May 16, 2014 "About permissions and notifications" (further - the Law on permissions and notifications) and determine procedure for issue by state body by regulation, control and supervision of the financial market and the financial organizations of permission to opening of bank, and also procedure and conditions of licensing of bank for carrying out banking and other activities, and implementation of activities in the security market, refusal in issue, suspensions both cancellation of the license of bank for carrying out banking and other activities, and implementation of activities in the security market.

Rules extend also to Islamic banks.";

Rules to state in the following edition:

"3. For receipt of permission to opening of bank founders of bank represent to National Bank of the Republic of Kazakhstan (further - authorized body) documents, the stipulated in Article 19 Laws on banks.";

to state part one of Item 7 in the following edition:

"7. The title page of all copies of the charter of bank shall contain the following formulation in the right upper corner: "It is approved with National Bank of the Republic of Kazakhstan. Chairman (Vice-chairman) __________________".";

14, 15 and 16 to state Items in the following edition:

"14. The refusal in licensing to bank on carrying out banking and other activities is made on the bases, the stipulated in Article 27 Laws on banks, by articles 32 and 36 of the Law on permissions and notifications.

15. The refusal in licensing to bank in the security market is made for implementation of activities for the bases provided by articles 32 and 36 of the Law on permissions and notifications.

16. Renewal of the license to bank is made on the bases and according to the procedure, provided by the Law on permissions and notifications.

In case of renewal of the license the bank files in authorized body petition for renewal of the license in form according to appendices 6-2 and 6-3 to Rules.";

state Item 30 in the following edition:

"30. In case of the voluntary appeal of bank to authorized body about cancellation of the license for carrying out banking or other activities and (or) implementation of types of activity in the security market and (or) exception of the license of separate transaction types and (or) activities the bank based on the decision of general shareholder meeting within thirty calendar days after execution of all obligations on all transaction types and (or) activities (in case of the voluntary appeal of bank to authorized body about cancellation of the license) or to the transaction type and (or) activities which is subject to exception files in authorized body petition on cancellation of the license in connection with the voluntary appeal to authorized body and (or) exception of the license of separate transaction types and (or) activities.";

add with Items 30-1, 30-2, 30-3, 30-4, 30-5 and 30-6 of the following content:

"30-1. Information on the voluntary appeal to authorized body on cancellation of the license and (or) exception of the license of separate transaction types and (or) activities is published by bank in periodic printing editions in the Kazakh and Russian languages extended in all territory of the Republic of Kazakhstan no later than sixty calendar days before date of filing of application in authorized body.

30-2. The statement on cancellation of the license in connection with the voluntary appeal to authorized body, the exception of the license of separate transaction types and (or) activities signed by the first head of bank is submitted in authorized body in form according to appendix 9 to Rules. The following documents are enclosed to the application:

1) the original document, the license fee confirming payment in the budget (in case of exception of separate transaction types and (or) activities);

2) decision of general meeting of shareholders of bank on the voluntary appeal to authorized body on cancellation of the license, exception of the license of separate transaction types and (or) activities;

3) the letter - guarantee of bank about lack of obligations and current agreements on all transaction types and (or) activities or the transaction type and (or) activities which is subject to exception;

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