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The document ceased to be valid since  March 21, 2017 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 305

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 29, 2016 No. 73

About modification and amendments in some regulatory legal acts of the Republic of Kazakhstan concerning approval of leading employees of the financial organizations, holdings and "Fund of Guaranteeing Insurance Payments" Joint-stock company

According to the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of December 18, 2000 "About insurance activity", of June 3, 2003 "About Fund of guaranteeing insurance payments", of July 2, 2003 "About the security market", of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" 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 March 1, 2010 No. 26 "About approval of the regulatory legal acts regulating activities of "Fund of Guaranteeing Insurance Payments" Joint-stock company (registered in the Register of state registration of regulatory legal acts at No. 6167, published on September 25, 2010 in the Kazakhstanskaya Pravda newspaper No. 253-254 (26314-26315)) the following changes:

4) of Item 1 to state the subitem in the following edition:

"4) Rules of issue of consent to election (appointment) of leading employees of "Fund of Guaranteeing Insurance Payments" Joint-stock company and the list of the documents necessary for receipt of consent, according to appendix 4 to this resolution;";

state appendix 4 in edition according to appendix 1 to this resolution.

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2012 No. 95 "About approval of Rules of issue of consent to appointment (election) of leading employees of the financial organizations, bank, insurance holdings and the list of the documents necessary for receipt of consent" (registered in the Register of state registration of regulatory legal acts at No. 7561, the following changes and the amendment published on August 4, 2012 in the Kazakhstanskaya Pravda newspaper No. 251-253 (27070-27072)):

in Rules of issue of consent to appointment (election) of leading employees of the financial organizations, bank, insurance holdings and the list of the documents necessary for receipt of consent approved by the specified resolution:

the second Item 1 to state part in the following edition:

"The list of leading employees of the financial organizations, the holdings which are subject to approval of authorized body is provided in Items 1 and 14 of article 20 of the Law on banks, Items 1 and 14 of article 34 of the Law on insurance activity, Item 1 of Article 54, Item 3 of Article 64-1 and Item 1-1 of article 79 of the Law on the security market, Item 1 of article 55 of the Law on provision of pensions.";

third of Item 2 to state part in the following edition:

"The representative of authorized body who is part of governing body of the financial organization is not subject to approval of authorized body.";

the paragraph one of Item 3 to state in the following edition:

"3. Necessary according to article 20 of the Law on banks, article 34 of the Law on insurance activity, article 54 of the Law on the security market, article 55 of the Law on provision of pensions for appointment (election) of the candidate for leading employee position of the financial organization, holding the working life includes work of the candidate in the field of provision and (or) regulations and (or) control and supervision of financial services, and (or) services in carrying out audit of the financial organizations, and (or) in Development Bank of Kazakhstan joint-stock company and (or) work of the candidate in the following international financial institutions:";

in item 4:

subitems 1) to state 2), 3), 4) and 5) in the following edition:

"1) the petition constituted in any form with indication of that the candidate for leading employee position of the financial organization, holding (further - the candidate) conforms to requirements imposed to leading employees of the financial organization, holding and also that the information about the candidate is documentary checked by the financial organization, holding, and signed:

the head of governing body of the financial organization, holding, and in case of its absence one of members of governing body according to the decision of governing body (with submission of the copy of this decision of governing body), one of shareholders of the financial organization, holding, insurance broker, one of members of the financial organization, holding authorized on signing of this document (for the financial organization, holding created in form of business of limited liability partnership) - in case of appointment (election) of the head of executive body (person solely performing functions of executive body), the member of governing body who is the head of executive body;

the head of executive body of the financial organization, holding (person solely performing functions of executive body) or person fulfilling its duties (with submission of the copy of the decision on assignment of fulfillment of duties) - in other cases;

2) the copy of the job description of the candidate for position of the member of executive body of the financial organization, holding or to position of other head of the financial organization, the holding conforming to requirements, the stipulated in Clause 20 Laws on banks, article 34 of the Law on insurance activity, article 54 of the Law on the security market, article 55 of the Law on provision of pensions which contains:

powers of this candidate (with indication of surname, name, middle name (in case of its availability), positions, its signatures and date of acquaintance with the job description);

data on the name of structural divisions and the list of the questions which are within their competence which are supervised by this candidate;

responsibility when implementing the functions;

3) if the candidate for position of the member of executive body of the financial organization, holding works in other organization - the statement from the decision of governing body of this financial organization, holding - joint-stock company about consent to the candidate for work in other organization;

4) if the candidate is member of executive body of joint-stock company - the statement from the decision of governing body of this society on consent to the candidate for work in the financial organization, holding;

5) the statement from the decision of authorized body of the financial organization, holding or the copy of the order on appointment of the candidate (in case of approval of two and more candidates - on each candidate in one copy statements from the decision or the copy of the order) with indication of date of appointment (election) of the candidate for executive position of the financial organization, holding.

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