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) 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.
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
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
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.
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.
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) 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 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).
Chapter 3. The procedure of issue of the permit for voluntary liquation of Banks
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.
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.
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).
Chapter 4. The procedure for refund of deposits of individuals, their transfer to another Bank
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.
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.
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) 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.
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) 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).
Chapter 5. The procedure for appeal of decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services
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).
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.
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