On Approval of the Regulatons for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

On Approval of the Regulatons for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

In order to implement the Law of the Republic of Kazakhstan dated 25 November 2019 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Provision of Public Services" and in accordance with Law of the Republic of Kazakhstan dated 31 August 1995 "On Banks and Banking Activities in the Republic of Kazakhstan" the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market MAKES RESOLUTION:

  1. To approve the attached Regulations for issue of the permit for the voluntary restructuring of a Bank (Bank Holding) or for refusal to issue the permit, issue of the permit to convert a Bank to an Islamic Bank and refusal to issue the permit, issue the permit for voluntary liquidation of Banks, as well as refund of deposits of individuals, their transfer to another Bank.
  2. To invalidate the regulatory acts of the Republic of Kazakhstan, as well as structural elements of certain regulatory acts of the Republic of Kazakhstan according to the list in line with the Annex to this Resolution.
  3. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Banking Regulation Department shall ensure:

1) the state registration of this Resolution with the Ministry of Justice of the Republic of Kazakhstan jointly with the Legal Department;

2) posting of this Resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market after its official publication;

3) within ten business days after the state registration of this Resolution, the submission to the Legal Department of information on implementation of the measures provided for in Sub-item 2) of this Item and Item 4 of this Resolution.

  1. The International Relations and External Communications Division should ensure that a copy of this Resolution is to be sent for official publication in periodicals within ten calendar days upon the state registration of this Resolution.
  2. Control over implementation of this Resolution shall be entrusted to the Supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market.
  3. This Resolution comes into force upon the expiration of twenty one calendar days after the day of its first official publication.

 

 

Chairman of the Agency of the

Republic of Kazakhstan for Regulation

and Development

of Financial Market                                                  M. Abylkassymova

 

 

 

 

"AGREED BY"

the Ministry of National Economy

of the Republic of Kazakhstan

4 March 2020

 

 

"AGREED BY"

the Ministry of Digital Development,

Innovations and Aerospace Industry

of the Republic of Kazakhstan

3 March 2020

 

         Approved by

Resolution of the Board

of the Agency of the Republic

of Kazakhstan for Regulation and

Development of Financial Market

No. 31 dated 30 March 2020

 

 

Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

Chapter 1. General provisions

 

  1. These Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank (hereinafter - the "Regulations") developed in accordance with the laws of the Republic of Kazakhstan dated 31 August 1995 "On Banks and Banking Activities in the Republic of Kazakhstan" (hereinafter - the “Law on Banks"), "On State Regulation, Control and Supervision of Financial Market and Financial Organizations" dated 4 July 2003, "On Public Services" dated 15 April 2013 (hereinafter - the "Law on Public Services") "On Permits and Notifications" dated 16 May 2014 (hereinafter - the "Law on Permits") and determine the procedure for issuing by the authorized body for regulation, control and supervision of financial market and financial organizations (hereinafter - the "authorized body, service provider") of permits for the Bank voluntary restructuring (Bank Holding) or refusal of the permit, issue of the permit to convert the Bank into an Islamic Bank and refusal of the permit, issue of the permit for voluntary liquidation of Banks, as well as refund of deposits of individuals , their transfer to another Bank.
  2. The Regulations include the concepts used in the meanings specified in the Law on Banks, the Law on Public Services, the Law on Permits, the Law of the Republic of Kazakhstan dated 7 January 2003 "On Electronic Document and Electronic Digital Signature" and the Law of the Republic of Kazakhstan dated 24 November 2015 "On Information Support and Development".
  3. Features of the voluntary restructuring and liquidation of interstate Banks are determined by international treaties (agreements) on establishment of these Banks and their constituent documents.
  4. If there are comments on the documents submitted for obtaining the permit for the voluntary restructuring of a Bank (Bank Holding), permit for the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank or permit for the Bank voluntary liquidation, the authorized body sends a letter to a Bank (Bank Holding) indicating these comments by post, fax, e-mail and (or) through the web portal of "electronic government" www.egov.kz, www.elicense.kz (hereinafter the "portal") with an indication of the period for their elimination.

The Bank (Bank Holding) (hereinafter - the "Bank (Bank Holding) or the service recipient" )  eliminates the comments and submits the revised (corrected) documents that meet the requirements of the Banking legislation of the Republic of Kazakhstan, within the time limit prescribed by the authorized body in the sent letter.

If the Bank (Bank Holding) does not eliminate the comments of the authorized body on the submitted documents within the time limit prescribed by the authorized body, then the authorized body refuses to issue the permit.

 

 

Chapter 2. The procedure for issue of the permit for the voluntary restructuring of a Bank (Bank Holding) or refusal to issue the permit

 

  1. To obtain the permit for the voluntary restructuring of the Bank (Bank Holding) (hereinafter – the "permit for voluntary restructuring, public service") the Bank (Bank Holding) sends to the authorized body through the portal an application for obtaining the permit for the voluntary restructuring of the  Bank  (Bank Holding) as per the form in accordance with Annex 1 to the Regulations or an application for issuing the  permit for the voluntary restructuring of the  Bank  in the form of conversion into an Islamic Bank as per the form in accordance with Annex 2 to the Regulations.

The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, are set out in the public service standard "Issuance of the permit for the voluntary restructuring of a Bank (Bank Holding)" in accordance with Annex 3 to the Regulations (hereinafter the "Restructuring Standard").

When the service recipient sends an application through the portal in the "My account", the status of acceptance of the request for the provision of public services is automatically displayed, indicating the date and time of receipt of the result.

  1. An employee of the service provider authorized to receive and register correspondence, on the day of receipt of the application for permit for the voluntary restructuring of the Bank (Bank Holding) or the application for issue of the permit for the voluntary restructuring of the Bank  in the form of conversion to an Islamic Bank, accepts, registers and sends them for execution to the subdivision responsible for the provision of public services (hereinafter the "responsible subdivision"). Upon receipt of the petition or application of the service recipient outside office hours, on weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan, petitions or applications are accepted on the next business day.
  2. An employee of the responsible subdivision within 15 (fifteen) calendar days from the date of registration of the application for permit for the voluntary restructuring of a Bank (Bank Holding) or the application for issue of the permit for the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank checks the completeness of the submitted documents.

The authorized body receives from the relevant state information systems through the gateway of "electronic government" the information specified in the documents:

namely, identity documents of an individual - resident of the Republic of Kazakhstan;

confirming that an individual- resident of the Republic of Kazakhstan has no unexpunged or unspent conviction;

on state registration (re-registration) of a legal entity- resident of the Republic of Kazakhstan.

In the event that the fact of incompleteness of the submitted documents is established, the responsible subdivision, within the time limit specified in part one of this Item, prepares and sends a reasoned refusal to further consider the application for obtaining the permit for the voluntary restructuring of the  Bank  (Bank Holding) or the application for issuing the permit for the voluntary restructuring of the  Bank  in the form of conversion to an Islamic Bank through the portal to the "My account" of the service recipient.

  1. After establishing the fact of completeness of the submitted documents, the responsible subdivision within 40 (forty) calendar days considers the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares and sends for consideration to the Board of the service provider a Draft Resolution on issue (refusal to issue) a permit for the voluntary restructuring of a Bank (Bank Holding). The Board of the service provider makes resolution to issue (refuse to issue) the permit for the voluntary restructuring of a Bank (Bank Holding).

An employee of the responsible subdivision, within 4 (four) calendar days after the responsible subdivision receives the Resolution of the Board of the service provider (within the period of public service provision), sends to “My account” of the service recipient through the portal a notification on the issue of the permit for the voluntary restructuring of the  Bank  (Bank Holding) or the substantiated response on the refusal to provide the public service in the form of an electronic document signed by the electronic digital signature of the authorized person of the service provider with the attachment of electronic copies of the Board Resolution and the corresponding permit (when making the Resolution on issue of the permit).

  1. Information on the stage of the public service provision is updated automatically in the information system for monitoring of the public service provision.
  2. In the event of the voluntary restructuring of a Bank by transforming it to an entity that carries out certain types of Banking operations, the Bank after the general meeting of shareholders make the resolution on its voluntary restructuring:

1) takes measures to refund deposits of individuals by direct payment or transfer to another Bank that is a member of the mandatory deposit insurance system in the manner prescribed by Chapter 4 of the Regulations, as well as to refund deposits of legal entities by direct payment or transfer to another Bank;

2) takes measures for the early performance of obligations under previously concluded Bank agreements or termination of these agreements.

After the measures specified in part one of this Item, the Bank under restructuring applies to the authorized body with a petition for obtaining the permit for the voluntary restructuring of the  Bank  by transforming it to an entity that performs certain types of Banking operations with the attachment of supporting documents, including an agreement on transfer of deposits of individuals and the delivery and acceptance certificate of deposits from individuals to another Bank that is a member of the mandatory deposit insurance system.

  1. The business plan for the period of conversion of a Bank to an Islamic Bank and the next 3 (three) years after obtaining a license for Banking and other operations of an Islamic Bank contains the following information:

1) the financial forecast of the consequences of the conversion of a Bank to an Islamic Bank, including short-term, medium-term and long-term analysis of the following indicators:

return on owned assets and equity (the ratio of net profit to the average value of assets and to the average value of equity) based on financial statements after the conversion procedure is completed;

forecast for the structure of the investment portfolio in the context of industries, currencies, types of financial instruments, maturity after completion of the conversion procedure;

2) the description of the purpose and objectives of a Bank and the types of Banking and other operations of an Islamic Bank;

3) the analysis of a Bank’s activities (analysis of the external and internal environment);

4) the development strategy and the scale of a Bank’s operations for the period of conversion of a Bank to an Islamic Bank and three subsequent financial (operating) years after the conversion of a Bank to an Islamic Bank;

5) the detailed annual financial plan of a Bank for the period of conversion of a Bank to an Islamic Bank and 3 (three) subsequent financial (operating) years after the conversion of a Bank to an Islamic Bank, including the calculation of key financial indicators, budget, balance sheet, profit and loss statement, sources and volumes of financing of the business plan;

6) the risk management plan containing information that ensures the effective control by the Board of Directors, the Management Board of a Bank over the Bank operations and its financial condition, as well as by ensuring:

good corporate governance practices and an appropriate level of business ethics and culture;

compliance by the Bank and its employees with the requirements of the legislation of the Republic of Kazakhstan;

effective management of Bank risks through their timely identification, measurement, control and monitoring to ensure that the Bank capital corresponds to the level of risks accepted;

timely detection and elimination of shortcomings in the activities of a Bank and its employees;

creation of adequate mechanisms in the Bank to deal with unforeseen or emergency situations;

detailed description of measures for the financial rehabilitation of a Bank (measures to reduce costs, additional financial investments (indicating the amount and sources of investments) aimed at restoring the Bank equity to the value at which prudential standards and other mandatory norms and limits, measures to obtain additional income and other measures will be performed);

compliance with the calendar deadlines for the implementation of measures for the financial rehabilitation of a Bank;

obtaining the expected economic effect of rehabilitation measures (dynamics of changes in prudential standards, changes in the size of a Bank’s equity, changes in financial and other indicators of a Bank).

  1. The documents specified in Item 2 of Article 52-14 of the Law on Banks are certified by the signatures of Bank officials who have the right to sign such documents.
  2. The authorized body maintains the register of issued permits for voluntary restructuring of Banks (Bank holdings) as per the form in accordance with Annex 4 to the Regulations.

 

 

Chapter 3. The procedure of issue of the permit for voluntary liquation of Banks

 

  1. In order to obtain the permit for the Bank voluntary liquidation (hereinafter the "permit for the voluntary liquidation of a Bank, public service"), the Bank sends to the authorized body through the portal an application for the permit for the voluntary liquidation of a Bank as per the form in accordance with Annex 5 to the Regulations.

The list of basic requirements for the provision of public service, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public service, are set out in the standard of the public service "Issue of the permit for the voluntary liquidation of a Bank" in accordance with Annex 6 to the Regulations (hereinafter – the "Liquidation Standard").

When the service recipient sends an application through the portal in "My account", the status of acceptance of the request for the provision of public services is automatically displayed, indicating the date and time of receipt of the result.

  1. An employee of the service provider authorized to receive and register correspondence, on the day of receipt of the application for permit for the voluntary liquidation of a Bank accepts, registers and sends it for execution to the responsible subdivision. Upon receipt of the application of the service recipient outside office hours, on weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted on the next business day.
  2. An employee of the responsible subdivision within 15 (fifteen) calendar days from the date of registration of the application for permit of the voluntary liquidation of a Bank checks the completeness of the submitted documents.

The authorized body receives from the relevant state information systems through the gateway of "electronic government" the information specified in the documents:

namely, identity documents of an individual - resident of the Republic of Kazakhstan;

confirming that an individual- resident of the Republic of Kazakhstan has no unexpunged or unspent conviction;

on state registration (re-registration) of a legal entity- resident of the Republic of Kazakhstan.

In the event that the fact of incompleteness of the submitted documents is established, the responsible subdivision, within the time limit specified in part one of this Item, prepares and sends a reasoned refusal to further consider the application for obtaining the permit for the voluntary liquidation of a Bank through the portal to the "My account" of the service recipient.

  1. After establishing the fact of completeness of the submitted documents, the responsible subdivision within 40 (forty) calendar days considers the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares and sends for consideration to the Board of the service provider a Draft Resolution on issue (refusal to issue) a permit for the voluntary liquidation of a Bank. The Board of the service provider makes resolution to issue (refuse to issue) the permit for the voluntary liquidation of the  Bank.

An employee of the responsible subdivision, within 4 (four) calendar days after the responsible subdivision receives the Resolution of the Board of the service provider (within the period of public service provision), sends to “My account” of the service recipient through the portal a notification on the issue of the permit for the voluntary liquidation of a Bank or the substantiated response on the refusal to provide the public service in the form of an electronic document signed by the electronic digital signature of the authorized person of the service provider with the attachment of electronic copies of the Board Resolution and the corresponding permit (when making the Resolution on issue of the permit).

  1. Information on the stage of the public service provision is updated automatically in the information system for monitoring of the public service provision.
  2. An application for permit for the voluntary liquidation of a Bank is sent to the authorized body after the refund of deposits from individuals by direct payment or their transfer to another Bank that is a member of the mandatory deposit insurance system, in the manner prescribed by Chapter 4 of the Regulations.
  3. Upon receipt of permit for the voluntary liquidation, the Bank returns the previously issued original license for the right to carry out Banking and other operations and activities in the securities market within 10 (ten) business days from the date of entry into force of this decision of the authorized body (if the previously issued license was issued in paper form).
  4. The decision of the authorized body on the issue, refusal to issue the permit for voluntary liquidation of a Bank shall be effective from the date of its adoption.
  5. The authorized body maintains a register of issued permits for the voluntary liquidation of Banks as per the form in accordance with Annex 7 to the Regulations.

 

 

Chapter 4. The procedure for refund of deposits of individuals, their transfer to another Bank

 

  1. After the general meeting of shareholders of a Bank makes a resolution on its voluntary liquidation, the Bank takes measures to refund deposits of individuals by direct payment or transfer them to another Bank that is a member of the mandatory deposit insurance system.
  2. Preparatory measures for refund of deposits of individuals by direct payment or their transfer to another Bank, which is a member of the mandatory deposit guarantee system, include:

1) determination of the amount of a Bank liabilities on deposits of individuals;

2) publication of an announcement on the forthcoming refund of deposits of individuals or their transfer to another Bank, which is a member of the mandatory deposit insurance system, in at least two republican periodicals in Kazakh and Russian;

3) placing an announcement on the forthcoming refund of deposits of individuals or their transfer to another Bank, which is a member of the mandatory deposit insurance system, in a place accessible for viewing by the Bank clients.

  1. Acceptance of applications for the refund of deposits of individuals or their transfer to another Bank that is a member of the mandatory deposit insurance system, at the choice of a Bank, is performed within 10 (ten) business days from the date of publication of the announcement.

The refund of deposits of individuals is made within 3 (three) business days from the date of submission of the application for the refund of the deposit. The absence of a written objection from depositors within the time period specified in part one of this Item is considered as the depositor's consent to transfer the deposit.

  1. The Bank, no later than 3 (three) business days from the date of expiration of the period specified in part one of Item 25 of the Regulations, prepares the lists of depositors - individuals who have submitted the application for the transfer of deposits, as well as who have not applied for the deposit or who have not submitted the application for transfer of the deposit to another Bank that is a member of the mandatory deposit insurance system, indicating the amounts of the deposit, accrued and received by depositors the amounts of interest on the deposit, and sends an offer to Banks to accept deposits from individuals.

The offer indicates the total amount of deposits, including the amounts of interest accrued and received by depositors on the deposit, as well as the total number of depositors - individuals in the context of Bank branches.

Banks wishing to accept deposits from individuals, within 5 (five) business days from the date of sending the offer to accept deposits from individuals, submit to the Bank an application of intention to accept deposits from individuals, drawn up in any form.

  1. The Bank, no later than 7 (seven) business days from the date of sending the offer, selects the Bank from among those who have submitted an application for their intention to accept deposits from individuals and meet the following requirements:

1) is a member of the mandatory deposit insurance system;

2) has a valid license of the authorized body to accept deposits, open and maintain Bank accounts of individuals, conduct cash transactions;

3) complies with prudential standards for the last three calendar months, as well as taking into account the amount of accepted deposits of individuals;

4) does not have effective supervisory response measures provided for in Sub-items1), 2), 3), 4) and 5) of Item 1 of Article 46, Article 47-1 of the Law on Banks, and (or) administrative penalties for administrative offenses provided for by parts six, eight of Article 213, Article 227 of the Code of the Republic of Kazakhstan on Administrative Offenses dated 5 July 2014, as of the date of filing an application and during the period of consideration of documents applied by the authorized body to the Bank, a major participant (Bank Holding) and (or) the top manager of a Bank;

5) has branches for servicing depositors of a Bank under voluntary liquidation.

  1. The decision to choose the Bank that is a member of the mandatory deposit insurance system is sent for approval to the authorized body.

The authorized body within 10 (ten) business days from the date of receipt of the documents in writing notifies the Bank of the results of the consideration of a Bank’s decision.

At the request of the authorized body, the Bank provides information regarding the transfer of deposits of individuals.

  1. Transfer of deposits of individuals, as well as relevant documents (agreements and other documents) is performed within 7 (seven) business days from the date of agreement with the authorized body of a Bank’s decision on the basis of an agreement on the transfer of deposits of individuals, concluded between the Bank under voluntary liquidation and the Bank that is a member of the mandatory deposit insurance system, and the Delivery and Acceptance Certificate of deposits of individuals, drawn up in 2 (two) copies.
  2. When executing the Delivery and Acceptance Certificate of deposits of individuals, the following information is provided for by:

1) the amount of a Bank’s liabilities on deposits of individuals on the date of transfer;

2) the list of depositors - individuals in the context of branches of a Bank under voluntary liquidation, which contains the following details:

the individual identification code (Bank account number) of the depositor;

patronymic name, given name, surname (if any), date of birth of the depositor;

No. of the depositor's identity document and information on the state body that issued it, the date of issue;

the individual identification number;

the legal address, place of residence of the depositor;

the date of conclusion and No. of the Bank account and (or) Bank Deposit Agreement, the term of the agreement;

deposit interest rates;

the amount of the deposit, as well as the amounts of interest on the deposit accrued and received by the depositor;

3) the number of transferred cases (documents).

  1. The Bank under voluntary liquidation incurs all costs associated with the transfer of deposits of individuals and accrues the interest on deposits, including the date of transfer of deposits of individuals.
  2. The Bank under voluntary liquidation, within 1 (one) business day from the date of signing the Delivery and Acceptance Certificate of deposits of individuals, sends to the authorized body, an entity that carries out the mandatory insurance of deposits, copies of the Delivery and Acceptance Certificate of deposits of individuals and an Agreement on Transfer of Deposits of Individuals.
  3. The Bank that is a member of the mandatory deposit insurance system to which deposits of individuals were transferred, within a month, concludes Bank Account and (or) Bank Deposit Agreements with individuals, whose deposits were transferred to it.
  4. Information on the transfer of deposits of individuals is published by the Bank under voluntary liquidation in republican periodicals in Kazakh and Russian.

 

 

Chapter 5. The procedure for appeal of decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services

 

  1. The appeal of decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services is made in writing addressed to the head of the service provider at the address posted on the official Internet resource of the service provider.

In the complaint of the legal entity, its name, postal address, outgoing number and date are indicated.

The appeal is signed by the service recipient.

Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the service provider, indicating the full name and initials of the person who accepted the complaint, the time frame and place for receiving a response to the complaint.

The service recipient's complaint on the provision of public services received by the service provider is considered within 5 (five) business days from the date of its registration.

When contacting through the portal, information on the appeal procedure is provided by calling the Integrated Contact Center: 8-800-080-7777 or 1414.

When sending a complaint through the portal to the service recipient, information on the appeal is available in My account, which is updated during the processing of the appeal by the service provider (marks on delivery, registration, execution, response to consideration or refusal to consider).

  1. In case of disagreement with the results of the provided public service, the service recipient files a complaint with the authorized body for the assessment and control over the quality of the provision of public services.

The service recipient's complaint received by the authorized body for the assessment and control over the quality of the provision of public services is considered within 15 (fifteen) business days from the date of its registration.

  1. In case of disagreement with the results of the provided public service, the service recipient applies to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

 

 

 

 

 

Annex 1

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

 

Form

 

 

To the Chairman

of the authorized body

of the Republic of Kazakhstan

 

 

Petition

on the permit for the voluntary restructuring

of a Bank (Bank Holding)

____________________________________________________________________

(the name of the Bank (Bank Holding)

requests in accordance with Resolution of the General Meeting of Shareholders (Participants) of the Bank (Bank Holding) No._____ dated "____" _______________, ________________________________________________________________________________________________________________________________________

(the venue)

to issue the permit for the voluntary restructuring of the Bank (Bank Holding) through (consolidation, merger by acquisition, split-up, spin-off, transformation)______________________________________________________

(underline as necessary) to_______________________________________________________________________________________________________________________________________

(the names of legal entities formed as a result of restructuring of the Bank (Bank Holding)

The Bank (Bank Holding) is fully responsible for the accuracy of the documents and information attached to the application, as well as the timely submission to the authorized body of additional information and documents requested in connection with the consideration of the petition.

I give my consent to the use of information constituting a secret protected by law, contained in information systems.

Attached documents (indicate the list of documents to be sent, the number of copies and sheets for each of them):

____________________________________________________________________

The person authorized by shareholders (participants) of the Bank (Bank Holding) to sign the petition (patronymic name, given name, surname (if any), a link to the document that is the basis for obtaining these powers).

 

_______________________

             (signature)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 2

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

Form

 

 

To the Chairman

of the authorized body

of the Republic of Kazakhstan

 

Application

for the issue of the permit for the voluntary restructuring of the Bank in the form of conversion to an Islamic Bank

 

____________________________________________________________________

(the name of the Bank)

requests in accordance with Resolution of the General Meeting of Shareholders of the Bank No.___ dated "____"___________ ________________________________________________

(the venue)

to issue the permit for the voluntary restructuring of the Bank in the form of conversion to an Islamic Bank _________________________________________

____________________________________________________________________

(the name of the Islamic Bank formed as a result of the Bank conversion)

 

The Bank fully confirms the accuracy of the documents and information attached to the application, as well as the timely submission to the authorized body of additional information and documents requested in connection with the consideration of the application.

I give my consent to the use of information constituting a secret protected by law, contained in information systems.

Attached documents (indicate the list of documents to be sent, the number of copies and sheets for each of them):

____________________________________________________________________

The person authorized by shareholders of the Bank to sign the application (patronymic name, given name, surname (if any), a link to the document that is the basis for obtaining these powers).

 

______________________ signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 3

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

 

Public Service Standard

"The issue of the permit for the voluntary restructuring of the Bank (Bank Holding)"

 

1.

Name of service provider

Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market

2.

Modes of public service provision

Web-portal of "electronic government" www.egov.kz www.elicense.kz (hereinafter - the "portal").

3.

Period of public service provision

Within 2 (two) months from the date of contacting the portal.

 

4.

Form of public service provision

Electronic (fully automated)

5.

Result of public service provision

 Notification on the issue of the permit for the voluntary restructuring of a Bank (Bank Holding) or a substantiated response on the refusal to provide a public service with a copy of the Resolution of the Board of the service provider and the corresponding permit (when making a Resolution on issue of the permit).

Service result form: electronic

6.

The amount of payment levied from the service recipient when the public service  is provided and methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan

Free of charge

7.

Schedule of work

1) the service provider - from Monday to Friday, in accordance with the established work schedule from 9.00 to 18.30 p.m. with a lunch hour from 13.00 to 14.30 p.m., except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan.

2) the portal - within 24 hours, except for technical breaks in connection with the repair work (when the service recipient applies after the end of business hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of the public service provision  are received on the next business day).

8.

List of documents required for the provision of public services

The list of documents required for the provision of public services for the issue of the permit for the voluntary restructuring of a Bank (Bank Holding) in the form of consolidation, merger by acquisition, split-up, spin-off, transformation:

1) a petition for the permit for the voluntary restructuring of a Bank (Bank Holding) as per the form in accordance with Annex 1 to the Regulations in the form of an electronic document certified by an electronic digital signature (hereinafter – the "EDS") of the person authorized by the shareholders (participants) of the service recipient to sign the petition;

     2) an electronic copy of the resolution of the supreme body of the service recipient on its voluntary restructuring;

3) electronic copies of documents describing the expected conditions, forms, procedure and terms of the voluntary restructuring of the service recipient;

4) an electronic copy of the financial forecast of the voluntary restructuring consequences, including the liability balance of the service recipient after its voluntary restructuring and (or) legal entities formed as a result of the voluntary restructuring of the service recipient;

5) an electronic copy of the Merger Agreement signed by the chief executive officers of the executive bodies of Banks under restructuring  (attached in case of obtaining the permit for voluntary restructuring in the form of merger).

The list of documents required for the provision of public services for the issue of the permit for the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank:

1) an application for issue of the permit for the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank as per the form in accordance with Annex 2 to the Regulations in the form of an electronic  document certified by the EDS of the person authorized by the shareholders of the service recipient to sign the application;

2) an electronic copy of the Resolution of the General Meeting of Shareholders of a Bank, at which the Resolution was made on the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank;

3) an electronic copy of the action plan for conversion of a Bank to an Islamic Bank that meets the requirements of Article 52-15 of the Law on Banks;

4) an electronic copy of the business plan for the period of conversion of a Bank to an Islamic Bank and the next 3 (three) years after obtaining a license for Banking and other operations of an Islamic Bank in accordance with Item 11 of the Regulations.

9.

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

Grounds for refusal to provide public services for issue of the permit for the voluntary restructuring of a Bank (Bank Holding) in the form of consolidation, merger by acquisition, split-up, spin-off, transformation:

1) the lack of relevant resolutions of the supreme bodies of service recipients under restructuring;

2) violation as a result of the alleged restructuring of the interests of depositors;

3) violation as a result of the alleged restructuring of prudential standards and other mandatory norms and limits;

4) violation as a result of the alleged restructuring of the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection:

5) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of the special right related to the receipt of the public service.

Grounds for refusal to provide public services for issue of the permit for the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank:

1) non-elimination of the service provider's comments on the submitted documents within the established  time limit;

2) inconsistency of the action plan for conversion of a Bank to an Islamic Bank with the requirements provided for in Article 52-15 of the Law on Banks;

3) non-compliance of the business plan with the requirements provided for in Item 11 of the Regulations;

4) the financial forecast of the consequences of the conversion of a Bank to an Islamic Bank assumes a deterioration in the financial condition of a Bank due to its conversion to an Islamic Bank;

5) violation by the Bank and (or) a Banking conglomerate of prudential standards and (or) other mandatory norms and limits and (or) the Bank has an administrative penalty for an administrative offense provided for by parts six, eighth of Article 213, Article 227 of the Code of the Republic of Kazakhstan on Administrative Offenses dated 5 July 2014, within 3 (three) consecutive calendar months preceding the date of filing the application for issue of the permit for the voluntary restructuring of a Bank in the form of conversion to an Islamic Bank;

6) violation of the interests of a Bank's depositors as a result of the alleged conversion of a Bank to an Islamic Bank;

7) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of the special right related to the receipt of the public service.

10.

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form

The address of the place of the public service provision is posted on the official Internet resource of the service provider.

The service recipient has the opportunity to receive information on the procedure and status of the public service provision in remote access mode through "My account" of the portal, as well as the Integrated Contact Center for the provision of public services.

Contact numbers of reference services on the provision of public services are posted on the official Internet resource of the service provider.

The Integrated Contact Center for the provision of public services is as follows: 8-800-080-7777, 1414.

 

 

 

 

 

 

Annex 4

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

Form

 

 

The register of issued permits for the voluntary restructuring of Banks (Bank holdings)

 

No.

Name of the Bank (Bank Holding)

Date and number of the minutes of the General Meeting of Shareholders (participants) of Banks (Bank holdings)

Date and number of the permit for  the voluntary restructuring of the Bank (Bank Holding)

Name of the legal entity (legal entities), formed as a result of the restructuring of the Bank (Bank Holding)

Type of activity of the legal entity (legal entities) formed as a result of the restructuring of the Bank (Bank Holding)

1

2

3

4

5

6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 5

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

Form

 

 

To the Chairman

of the authorized body

of the Republic of Kazakhstan

 

 

 

Petition

on the permit for the voluntary liquidation

of a Bank  

 

 

____________________________________________________________________

(the name of the Bank)

requests in accordance with Resolution of the General Meeting of Shareholders of the Bank No.____ dated "____"_________,_______________(the venue) to issue the permit for the voluntary liquidation of the Bank.

The Bank is obliged to satisfy the claims of all its creditors in full. The Bank is fully responsible for the accuracy of the documents and information attached to the application, as well as the timely submission to the authorized body of additional information and documents requested in connection with the consideration of the petition.

I give my consent to the use of information constituting a secret protected by law, contained in information systems.

Attached documents (indicate the list of documents to be sent, the number of copies and sheets for each of them):_______________________________________________________________

The person authorized by shareholders of the Bank to sign the petition (patronymic name, given name, surname (if any), a link to the document that is the basis for obtaining these powers).

__________________

(signature)

Annex 6

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

 

Public Service Standard

"The issue of the permit for the voluntary liquidation of a Bank"

 

1.

Name of service provider

Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market.

2.

Modes of public service provision

Web-portal of "electronic government" www.egov.kz www.elicense.kz (hereinafter - the "portal").

3.

Period of public service provision

Within 2 (two) months from the date of contacting the portal.

4.

Form of public service provision

Electronic (fully automated)

5.

Result of public service provision

Notification on the issue of the permit for the voluntary liquidation of a Bank or a substantiated response on the refusal to provide a public service with a copy of the Resolution of the Board of the service provider and the corresponding permit (when making a Resolution on issue of the permit).

Service result form: electronic

6.

The amount of payment levied from the service recipient when the public service  is provided and methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan

Free of charge

7.

Schedule of work

1) the service provider - from Monday to Friday, in accordance with the established work schedule from 9.00 to 18.30 p.m. with a lunch hour from 13.00 to 14.30 p.m., except for weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan;

2) the portal - within 24 hours, except for technical breaks in connection with the repair work (when the service recipient applies after the end of business hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of the public service provision  are received on the next business day).

8.

List of documents required for the provision of public services

1) a petition for the permit for the voluntary liquidation of a Bank as per the form in accordance with Annex 5 to the Regulations in the form of an electronic document certified by an electronic digital signature (hereinafter – the "EDS") of the person authorized by the shareholders of a Bank to sign the petition;

2) an electronic copy of the resolution of the General Meeting of Shareholders on the voluntary liquidation of a Bank indicating the reasons for liquidation;

3) an electronic copy of the Agreement on Transfer of Deposits of Individuals and the Delivery and Acceptance Certificate of deposits of individuals to another Bank that is a member of the mandatory deposit insurance system;

4) an electronic copy of the list of measures, indicating the timing and stages of preparing the Bank for the termination of its activities (the plan of the main measures for liquidation), approved by the General Meeting of Shareholders;

5) an electronic copy of the balance sheet prepared as of the last reporting date, indicating the sufficiency of a Bank’s funds to perform  settlements on its obligations;

6) an electronic copy of the report on appraisal of a Bank’s assets, confirmed by an independent audit company, authorized to conduct audit of Banks.

9.

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

1) improper execution of the submitted documents;

2) insufficient Bank funds for settlement of its obligations;

3) failure to take measures to refund deposits of individuals by directly paying them or transferring them to another Bank that is a member of the mandatory deposit insurance system:

4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of the special right related to the receipt of the public service.

10.

Other requirements, taking into account the specifics of the provision of public services

The address of the place of the public service provision is posted on the official Internet resource of the service provider.

The service recipient has the opportunity to receive information on the procedure and status of the public service provision in remote access mode through "My account" of the portal, as well as the Integrated Contact Center for the provision of public services.

Contact numbers of reference services on the provision of public services are posted on the official Internet resource of the service provider.

The Integrated Contact Center for the provision of public services is as follows: 8-800-080-7777, 1414.

 

 

 

 

Annex 7

to the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank

 

Form

 

 

The register of issued permits for the voluntary liquidation of Banks

 

No.

Name of the Bank

Date and number of the minutes of the General Meeting of Shareholders of the Bank

Date and number of the permit for  the voluntary liquidation of the Bank

Information on registration of the voluntary liquidation of the Bank in the State Corporation "Government for Citizens"

1

2

3

4

5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex

to Resolution of the Board of the Agency

of the Republic of Kazakhstan

for Regulation and Development

of Financial Market

No. 31 dated 30 March 2020

 

 

The list of regulatory acts of the Republic of Kazakhstan, as well as structural elements of certain regulatory acts of the Republic of Kazakhstan, recognized as invalid

 

  1. Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of Financial Market and Financial Organizations No. 295 dated 25 December 2006 "On Approval of the Regulations for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank" (registered in the Register of State Registration of Regulatory acts under No. 4521).
  2. Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of Financial Market and Financial Organizations No. 203 dated 28 November 2008 "On Amendments and Additions to Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of Financial Market and Financial Organizations No. 295 dated 25 December 2006 "On Approval of the Regulations for Issue of the Permit for Voluntary Restructuring or Liquidation of Second-Tier Banks" (registered in the Register of State Registration of Regulatory acts under No. 5460, published in 2009 in the Collected Acts of Central Executive and Other Central State Bodies of the Republic of Kazakhstan, No. 1).
  3. Item 14 of the List of amendments and additions that are made to certain regulatory acts of the Republic of Kazakhstan on identification numbers, approved by Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of Financial Market and Financial Organizations No. 50 dated 29 March 2010 "On Amendments and Additions to Certain Regulatory acts of the Republic of Kazakhstan on Identification Numbers" (registered in the Register of State Registration of Regulatory acts under No. 6219, published on 26 August 2010 in the Collected Acts of Central Executive and Other Central State Bodies of the Republic of Kazakhstan, No. 14).
  4. Resolution of the Board of the National Bank of Kazakhstan No. 55 dated 24 February 2012 "On Amendments and Additions to Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Supervision of Financial Market and Financial Organizations No. 295 dated 25 December 2006 "On Approval of the Regulations for Issue of the Permit for Voluntary Restructuring or Liquidation of Second-Tier Banks, as well as Refund of Deposits of Individuals by Direct Payment or their Transfer to Another Bank that is a Member of the Mandatory Deposit Insurance System" (registered in the Register of State Registration of Regulatory acts under No. 7544, published on 30 June 2012 in the newspaper "Kazakhstanskaya Pravda" No. 207-208 (27026-27027).
  5. Item 2 of the List of regulatory acts of the Republic of Kazakhstan on regulation, control and supervision of financial market and financial organizations, which are amended and supplemented, approved by Resolution of the Board of the National Bank of Kazakhstan No. 191 dated 22 October 2014 "On Amendments and Additions to Certain Regulatory acts of the Republic of Kazakhstan on Regulation, Control and Supervision of Financial Market and Financial Organizations" (registered in the Register of State Registration of Regulatory acts under No. 9894, published on 28 November 2014 in the legal information system "Adilet").
  6. Item 1 of the List of regulatory acts of the Republic of Kazakhstan on optimization and automation of business processes of public services provided by the National Bank of Kazakhstan, which are amended and supplemented, approved by Resolution of the Board of the National Bank of Kazakhstan No. 261 dated 24 December 2014 "On Amendments and Additions to Certain Regulatory acts of the Republic of Kazakhstan on Optimization and Automation of Business Processes of Public Services Provided by the National Bank of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts under No. 10211, published on 26 February 2015 in the legal information system "Adilet").
  7. Resolution of the Board of the National Bank of Kazakhstan No. 15 dated 28 January 2016 "On Approval of the Regulations for the Issue of the Permit for Voluntary Restructuring of a Bank in the Form of Conversion to an Islamic Bank and Refusal to Issue the Permit" (registered in the Register of State Registration of Regulatory acts under No. 13526, published on 6 April 2016 in the legal information system "Adilet").
  8. Item 1 of the List of regulatory acts of the Republic of Kazakhstan on financial market regulation, which are amended, approved by Resolution of the Board of the National Bank of Kazakhstan No. 265 dated 28 October 2016 "On Amendments to Certain Regulatory acts of the Republic of Kazakhstan on Regulation of Financial Market (registered in the Register of State Registration of Regulatory acts under No. 14733, published on 28 February 2017 in the Reference Control Bank of Regulatory acts of the Republic of Kazakhstan).
  9. Resolution of the Board of the National Bank of Kazakhstan No. 258 dated 22 December 2017 "On Amendments to Resolution of the Board of the National Bank of Kazakhstan No. 15 dated 28 January 2016 "On Approval of the Regulations for Issue of the Permit for Voluntary Restructuring of a Bank in the Form of Conversion to an Islamic Bank and Refusal to Issue the Permit" (registered in the Register of State Registration of Regulatory Legal Acts under No. 16557, published on 16  March 2018 in the Reference Control Bank of Regulatory acts of the Republic of Kazakhstan).
  10. Item 7 of the List of regulatory acts of the Republic of Kazakhstan on regulation of financial market, which are amended, approved by Resolution of the Board of the National Bank of Kazakhstan No. 157 dated 30 July 2018 "On Amendments to Certain Regulatory acts of the Republic of Kazakhstan on Regulation of Financial Market" (registered in the Register of State Registration of Regulatory acts under No. 17559, published on 22 October 2018 in the Reference Control Bank of Regulatory acts of the Republic of Kazakhstan).

 

On Approval of the Regulatons for Issue of the Permit for the Voluntary Restructuring of a Bank (Bank Holding) or Refusal of the Permit, Issue of the Permit to Convert the Bank to an Islamic Bank and Refusal of the Permit, Issue of the Permit for Voluntary Liquidation of Banks, as well as Refund of Deposits of Individuals, their Transfer to Another Bank
Дата публикации
21 января 2020