RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2016 No. 308

About establishment of prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulations and limits

According to the laws of the Republic of Kazakhstan of December 23, 1995 "About mortgage of real estate", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations", of March 19, 2010 "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Establish prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulation and limits according to appendix 1 to this resolution.

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list, according to appendix 2 to this resolution.

3. To department of methodology of the financial market (Abdrakhmanov N. A.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution in the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

4. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

6. This resolution becomes effective since March 1, 2017 and is subject to official publication.

It is approved Chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan January 11, 2017

N. Aydapkelov

Appendix 1

to the Resolution of Board of National Bank of the Republic of Kazakhstan of December 26, 2016 No. 308

Prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulation and limits

Chapter 1. General provisions

1. These prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulation and limits (further - Prudential standard rates) are developed according to the laws of December 23, 1995 "About mortgage of real estate", of July 4, 2003 "About state regulation, control and supervision of the financial market and the financial organizations" and establish prudential standard rates and others obligatory to observance by the mortgage organizations and affiliated organizations of national managing holding in the field of agro-industrial complex of regulation and limits.

2. Prudential standard rates are expressed by number with three signs after comma.

3. For the mortgage organizations and the affiliated organizations of national managing holding in the field of agro-industrial complex (further - the Organizations) enter into structure of prudential standard rates and other regulations and limits, obligatory to observance:

1) minimum size authorized and equity of the Organization;

2) coefficient of sufficiency of equity;

3) the maximum extent of risk on one borrower;

4) liquidity rate;

5) capitalization of the Organization to obligations to nonresidents of the Republic of Kazakhstan.

Chapter 2. Minimum size authorized and equity of the Organization

4. The minimum size of the authorized capital of the Organization is established in the amount of, No. 127 determined by the resolution of Board of National Bank of the Republic of Kazakhstan of March 26, 2012 "About the minimum sizes of the authorized capital of the organizations performing separate types of banking activities based on the license of authorized body on the regulation, control and supervision of the financial market and the financial organizations" (registered in the Register of state registration of regulatory legal acts at No. 7642).

The organization redeems from shareholders own shares provided that such redemption will not lead to violation of any of prudential standard rates and other regulations, obligatory to observance, and limits set by authorized body on state regulation, control and supervision of the financial market and the financial organizations (further - authorized body).

5. The minimum size of equity of the Organization constitutes 800 (eight hundred) million tenges.

Chapter 3. Coefficient of sufficiency of equity

6. The equity of the Organization is calculated as capital sum of the first level and the capital of the second level (the capital of the second level joins in the amount of, not exceeding the capital of the first level) less investments of the Organization.

Investments of the Organization represent investments of the Organization in the share of the issuer, including the shares intended for trade and available for sale, and share in the authorized capital of the legal entity, and also subordinated debt of the legal entity.

7. The capital of the first level is calculated as the amount:

the paid authorized capital, regarding common shares, minus own redeemed common shares;

the paid authorized capital, regarding preferred shares, minus own redeemed preferred shares;

supplementary capital;

retained net income of last years;

the funds, reserves created at the expense of net income of last years;

behind minus:

intangible assets, except for the licensed software acquired for the purposes of the main activities of the Organization and corresponding to the International accounting standard (IAS) 38 "Intangible assets";

losses of last years;

loss of the current year.

8. The capital of the second level is calculated as the amount:

retained net profit of the current year;

amount of revaluation of fixed assets and securities;

the size of general reserves (provisions) in the amount which is not exceeding 1,25 (one whole twenty five 100-th) percent of the amount of the assets weighed taking into account risk;

the preferred shares which are not included in calculation of the capital of the first level;

subordinated debt of the Organization in the amount which is not exceeding 50 (fifty) percent of the amount of the paid authorized capital minus own redeemed shares, the supplementary capital, retained net income of the last years, funds, reserves created at the expense of net income of last years minus the redeemed own subordinated debt of the Organization.

The share of the preferred shares included in the capital of the first level does not exceed 15 (fifteen) percent of the capital of the first level. The amount of preferred shares which is not included in calculation of the capital of the first level can be included in calculation of the capital of the second level.

9. Subordinated debt of the Organization is the unsecured obligation of the Organization corresponding to the following conditions:

1) is not contribution or the obligation to bearer;

2) is not mortgage providing according to requirements of the Organization or persons, affiliirovanny with it;

3) in case of liquidation of the Organization it is satisfied in the last queue (before distribution of the remained property between shareholders);

4) it is settled (fully or partially) by the Organization, including ahead of schedule only at the initiative of the Organization provided that such repayment according to the conclusion of authorized body cannot lead afterwards to non-compliance by the Organization with the values of prudential standard rates established by Prudential standard rates.

The subordinated debt of the Organization included in equity is the subordinated debt having attraction term more than 5 (five) years prior to repayment.

Bonds are recognized subordinated debt of the Organization and join in equity of the Organization only based on the report on results of placement of the bond issue approved by authorized body according to article 24 of the Law of the Republic of Kazakhstan of July 2, 2003 "About the security market".

The subordinated debt of the Organization joins in calculation of equity of the Organization:

during term more than 5 (five) years prior to debt repayment - in full amount of debt;

within 5 (five) years which remained prior to debt repayment:

The 1st year - 100 (hundred) percent of the amount of subordinated debt;

The 2nd year - 80 (eighty) percent of the amount of subordinated debt;

3rd year - 60 (sixty) percent of the amount of subordinated debt;

The 4th year - 40 (forty) percent of the amount of subordinated debt;

The 5th year - 20 (twenty) percent of the amount of subordinated debt.

Subordinated debt of the Organization the loan of the Organization attracted from the European Bank for Reconstruction and Development or Asian Development Bank or the International Finance Corporation, conforming to requirements of this Item, except for the subitem 3) of part one of this Item is also recognized if the agreement provides opportunity early (complete or partial) repayments of loan at the initiative of the borrower provided that such repayment according to the conclusion of authorized body cannot lead afterwards to deterioration in financial position of the Organization and violation of requirements of the legislation of the Republic of Kazakhstan.

10. Sufficiency of equity of the Organization is characterized by the following coefficients:

1) k1 - the relation of the capital of the first level to the size of assets of the Organization;

2) k1-2 - the relation of the capital of the first level to the amount of the assets, contingent and possible obligations weighed on the degree of credit risk reduced by the amount of general reserves (provisions) which are not included in calculation of equity;

3) equity relation to the amount:

assets, contingent and possible obligations weighed on the degree of credit risk reduced by the amount of general reserves (provisions) which are not included in calculation of equity;

k1-3 - operational risk.

The operational risk is calculated as the work of coefficient of the reduction equal to 8,3, on the work of average size of annual gross income for the last expired 3 (three) years on coefficient of the operational risk equal to 0,12.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info