RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2015 No. 226

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning involuntary liquidation of banks, insurance (reinsurance) organizations

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

1. 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 February 25, 2006 No. 40 "About approval of Rules of involuntary liquidation of banks in the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 4181, published in June, 2006 in the Bulletin of regulatory legal acts of the central executive and other state bodies of the Republic of Kazakhstan No. 9-10, by the Art. 219) the following changes and amendments:

in Rules of involuntary liquidation of the banks in the Republic of Kazakhstan approved by the specified resolution:

state Item 1 in the following edition:

"1. Rules are developed according to the Civil code of the Republic of Kazakhstan of December 27, 1994, 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 May 13, 2003 "About joint-stock companies", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations".";

in item 4:

3) to state the subitem in the following edition:

"3) head office - office at which the chairman of liquidation commission performs the organizational and administrative and other functions provided by Rules;";

8) to state the subitem in the following edition:

"8) the register of requirements of creditors - the document approved by National Bank of the Republic of Kazakhstan (further – authorized body), reflecting the requirements of creditors declared at the scheduled time and recognized by liquidation commission and also requirements of the organization for guaranteeing for accomplishment of obligations for payment of compensation in volume of the amount according to the calculation provided by the liquidated bank;";

10) to state the subitem in the following edition:

"10) participating bank - the liquidated bank, being the participant of system of obligatory guaranteeing the deposits placed in banks of the second level of the Republic of Kazakhstan;";

31) to state the subitem in the following edition:

"31) temporary administration (the temporary administrator) - the body (person) appointed (appointed) by authorized body to the period from the date of deprivation of the license for carrying out banking activities before appointment of liquidation commission as authorized body for ensuring safety of property of bank and implementation of actions for ensuring bank management.";

state Item 7 in the following edition:

"7. From the date of the introduction in legal force of the judgment about involuntary liquidation of bank and before completion of process of liquidation of bank:

1) there come the effects provided by subitems 1), 2), 4), 5), 6), 7), 8) of part two of Item 1 of article 48-1 of the Law on banks;

2) powers of earlier operating bodies of bank stop, including according to the order property and to repayment of obligations of bank, and also their right on bank management. Leading, and if necessary and other workers leave according to the procedure, established by the labor law of the Republic of Kazakhstan;

3) the actions performed from name and at the expense of the liquidated bank, have legal force only if they are made by the chairman of liquidation commission or person to whom the chairman of liquidation commission issues the power of attorney on making of these actions;

4) terms of all debt obligations of the liquidated bank are considered as expired;

5) charge of penalty and remuneration by all types of accounts payable of the liquidated bank stops;

6) the disputes with requirements of property nature to the liquidated bank considered in court stop if the decisions made on them did not take legal effect;

7) the executive documents of courts concerning property requirements to the liquidated bank are transferred to liquidation commission for execution according to the procedure of the priority established by the Law on banks. Execution of earlier made decisions of the courts concerning the liquidated bank stops.";

state Item 9 in the following edition:

"9. From the date of appointment of liquidation commission pass powers on property management to it and cases of the liquidated bank.

The liquidation commission in time no more than one month accepts under the delivery-acceptance certificate from management of bank or from temporary administration (the temporary administrator) property and documents of the liquidated bank.

The original of the license of bank for carrying out banking activities on the bases provided by the bank law is subject to return to authorized body according to the procedure and the terms established in Item 2 of article 35 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications".

The liquidation commission takes measures for completion of cases of bank, including on ensuring settlings with his creditors and shareholders.";

exclude Item 11;

state Item 12-1 in the following edition:

"12-1. For the purpose of effective work of liquidation commission, and also establishment of the rights and obligations the chairman of liquidation commission in time no later than 7 (seven) working days from the date of its appointment issues the order on distribution of obligations between the chairman of liquidation commission, his deputy and members of liquidation commission.";

exclude Item 13;

to state part one of Item 14 in the following edition:

"14. The division is headed by his head (further - the division manager) who is appointed the chairman of liquidation commission from among members of liquidation commission no later than one working day from the date of appointment of liquidation commission as authorized body.";

state Item 16 in the following edition:

"16. Powers of the chairman and the member of liquidation commission are established by Rules and the agreement signed with creditor committee.

The rights and obligations of the chairman and the member of liquidation commission, the operating mode, the size and payment due dates of remuneration and other provisions connected with accomplishment of functions of the chairman or member of liquidation commission are provided in the agreement signed with creditor committee.

The agreement signed with creditor committee is signed on behalf of creditor committee by the chairman of creditor committee or person authorized on it by creditor committee.

Before creation of creditor committee and agreement signature the chairman and members of liquidation commission perform the powers according to requirements, statutory rules.";

add with Items 16-1 and 16-2 of the following content:

"16-1. The basis of the conclusion (termination) of the agreement between creditor committee and the chairman and members of liquidation commission is the decision of authorized body on appointment (release) of the chairman and (or) members of liquidation commission. The agreement is considered by the authorized body of the chairman and (or) member(s) of liquidation commission terminated from the date of release.

16-2. The rights and obligations of person involved the worker or involved are determined in the employment contract or the services agreement, and also in the job descriptions of each worker approved by the chairman of liquidation commission.

In liquidation commission creditors of bank and persons, and also the former leading employees, affiliirovanny with them, are not involved.";

state Item 17 in the following edition:

"17. The chairman of liquidation commission performs operational management of its activities, controls work of divisions of liquidation commission and their heads.

The chairman of liquidation commission independently makes decisions on tasks of liquidating production of bank, except for decisions on the results of consideration of the application of the creditor and questions which are included into power of creditor committee of the liquidated bank according to Item 111 of Rules signs the agreements, powers of attorney, orders, orders and other documents connected with the questions arising in the course of liquidating production.";

state Item 19 in the following edition:

"19. The liquidation commission holds the following events:

1) within 10 (ten) working days from the date of its appointment publishes information on involuntary liquidation of bank in official printing publications of the Ministry of Justice of the Republic of Kazakhstan in the Kazakh and Russian languages with obligatory specifying of procedure, terms of claiming and addresses, in the presence of branch network - addresses of branches to which creditors impose (addresses) the requirements;

In time no later than one working day from the date of appointment of liquidation commission submits 2) within authorized body and (or) within banks of the second level in which there are bank accounts of the liquidated bank, documents with specimen signatures and impress of a seal in form according to appendix 1 to the Rules of opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan approved by 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;

3) within 3 (three) working days from the date of appointment of liquidation commission informs the bodies performing registration of property and transactions with it, and also joint-stock companies "Kazakhstan Stock Exchange", "Central Securities Depository", "Single Registrar of Securities", "State Credit Bureau", credit bureaus about involuntary liquidation of bank and establishes prohibition on registration of the transactions on property acquisition of bank made not by liquidation commission and also on removal of encumbrance from property which pawnbroker is the liquidated bank;

4) informs the judicial authorities performing registration of legal entities, and bodies of state revenues about involuntary liquidation of bank;

5) is requested from the registrar by the register of security holders of bank as of date of the introduction in legal force of the judgment about involuntary liquidation of bank;

6) acquaints under list management of bank and (or) temporary administration (the temporary administrator) of bank with the document confirming assignment on liquidation commission of obligations on carrying out liquidating process in bank;

7) without delay will request management of bank or temporary administration (the temporary administrator) of bank from stamps, seals, electronic media of information, the software, forms and documents of bank with creation of delivery-acceptance certificates;

8) accepts assets, including property of bank under the delivery-acceptance certificate;

9) without delay carries out inventory count of cash desk of bank, the remaining balance of money enlists on bank accounts of the liquidated bank, except for daily limit of remaining balance of cash in cash desk, stipulated in Item 55 Rules;

10) makes reconciliation of correspondent accounts of bank, closes correspondent accounts of bank and opens current accounts of the liquidated bank in tenge and, if necessary, in foreign currency within 10 (ten) working days from the date of appointment of liquidation commission of bank;

11) is placed by the announcement of the decision on involuntary liquidation of bank made by court and appointment of liquidation commission as authorized body in the place available to review;

12) performs the actions provided by part two of Item 1 of article 73 of the Law on banks;

13) reveals assets of the liquidated bank;

14) disposes of assets of the liquidated bank according to the purposes of its liquidation;

15) imposes requirements and appears in court on behalf of the liquidated bank;

16) ensures safety of the software and electronic media of information, and also other information of the liquidated bank;

17) is determined by the group of people, bearing full financial responsibility, including persons having access to electronic system of conducting financial accounting and processing of financial and other reporting of the liquidated bank and signs with them the agreement on full financial responsibility;

18) after acceptance in the procedure for cases and documents of the liquidated bank established by the legislation designates person responsible for stores organization of documents of the liquidated bank;

19) is unpacked by the report on remaining balance on balance sheet accounts of banks of the second level and the mortgage organizations (index 700-H) and the report on remaining balance on off-balance accounts of banks of the second level and the mortgage organizations (index 700-BH) in the forms provided by the resolution of Board of National Bank of the Republic of Kazakhstan of May 8, 2015 No. 74 "About approval of the list, forms, terms of the reporting on remaining balance on balance and off-balance sheet accounts of banks of the second level and the mortgage organizations and Rules of their representation", registered in the Register of state registration of regulatory legal acts at No. 11160, available in electronic form, for date of appointment of liquidation commission with copying of data of the accounting automated system on the separate electronic medium (backup copies). In the absence of this information in electronic form information which is available on paper is taken as basis;

20) is constituted by the list of creditors, establishes their addresses according to the available documents and verifies with data of analytics;

21) is determined by legitimacy of requirements of creditors of the liquidated bank and satisfies them according to the approved interim liquidation balance sheet of the liquidated bank and the register of requirements of creditors;

22) for ensuring accomplishment of the functions and obligations employs persons according to employment contracts, services agreements;

23) during the entire period of liquidation of bank takes measures for safety of property and documents of the liquidated bank;

Publishes 24) following the results of year in periodic printing editions in the Kazakh and Russian languages extended in all territory of the Republic of Kazakhstan, information on the course of liquidating production of bank in time no later than February first of the year following reporting;

25) upon the demand of authorized body represents the data concerning liquidating production;

26) No. 42 "About approval of Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan and receipts of accounting contract numbers by residents on export and import", registered in the Register of state registration of regulatory legal acts at No. 7584 performs actions according to the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012;

27) for the purpose of cancellation of issues of securities of bank submits to authorized body documents for cancellation of share issues and (or) bonds;

28) is constituted by the report on liquidation, the liquidation balance sheet of bank and sends them for approval in authorized body;

29) on completion of liquidation of bank transfers the documents which are subject to storage according to Chapter 12 of Rules and notifies on it authorized body.";

state Item 21-1 in the following edition:

"21-1. By the written request of the physical person or legal entity which does not have debt to the liquidated bank, liquidation commission of bank during three banking days from the date of receipt of request the refund, arrived on the bank account of the liquidated bank after deprivation of bank of the license for carrying out banking activities or in the course of involuntary liquidation of bank is performed.

The refund, mistakenly arrived on the bank account of the liquidated bank, is performed by liquidation commission of bank according to the procedure, established by the Law of the Republic of Kazakhstan of June 29, 1998 "About payments and money transfers".";

state Item 22 in the following edition:

"22. The liquidation commission of compulsorily liquidated bank submits reports on the done work and the additional information in authorized body.

The divisions performing the activities in branches and representative offices of bank submit the report on the done work to the chairman of liquidation commission.";

state Item 24 in the following edition:

"24. Monthly amount of remuneration, the liquidated bank paid to the chairman, members of liquidation commission and to the involved workers, does not exceed to each of them the size of the tenfold minimum wage established by the law of the Republic of Kazakhstan on the republican budget for the corresponding year.";

state Items 28 and 29 in the following edition:

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