Issuance of a permit to open a bank, a branch of a non-resident bank of the RK

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

You can obtain a service via the Portal:

1. Click “Order Online” button, then a new window will open of e-Licensing Portal;

2. Sign in or log in on e-Licensing Portal;

3. Click “Order Service Online” button on e-Licensing Portal page;

4. Fill in the fields of request;

5. Sign a request with digital signature;

6. You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

When issuing a permit to open a bank:

1) the non-compliance of the bank’s name with the requirements of paragraph 3 of Article 7 of the Law on Banks;

2) the unstable financial position of the bank’s founder.

An unstable financial situation is understood to mean the presence of the signs established in subparagraph 2) of paragraph 1 of Article 11 of the Law on Banks;

3) in cases where the founder of the bank is an individual or chief executive officer of the executive body (the person solely performing the functions of the executive body) and (or) governing body of the founder - a legal entity:

• has an outstanding or unremoved criminal record in accordance with the procedure established by the law;
• held the position of a chair of the management body, CEO or his deputy of the executive body, chief accountant, deputy chief accountant of the financial institution, including a financial institution that is a non-resident of the Republic of Kazakhstan, for a period of no more than one year prior to the adoption by authorized body or financial supervisory body of the state of which the financial institution being the resident that is a non-resident of the Republic of Kazakhstan of the decision to apply a settlement regime, the decision to revoke a license of the financial institution, including the financial institution that is a non-resident of the Republic of Kazakhstan, which entailed their liquidation and (or) termination of activities in the financial market, or the entry into force of a judicial act on the forced liquidation of the financial institution, including a financial institution that is a non-resident of the Republic of Kazakhstan, or recognition of it as insolvent (bankrupt) in the manner established by the legislation of the Republic of Kazakhstan or the legislation of the state of which the financial institution being the resident that is a non-resident of the Republic of Kazakhstan.

The grounds for rejection to issue a permit to open a bank, provided for in the third paragraph of this subparagraph, shall apply for ten years after the adoption of the relevant decision by the authorized body or financial supervisory body of the state of which the financial institution being the resident that is a non-resident of the Republic of Kazakhstan, or the entry into force of the relevant judicial act.

For the purposes of this subparagraph, a financial institution also means a branch of a bank that is a non-resident of the Republic of Kazakhstan, a branch of an insurance (re-insurance) organization that is a non-resident of the Republic of Kazakhstan, and a branch of an insurance broker that is a non-resident of the Republic of Kazakhstan.

4) the failure to comply with the restrictions established by Article 9 of the Law on Banks;

5) the failure to comply with the requirements established by Article 10 of the Law on Banks and Article 9-5 of the Law on State Regulation;

6) the rejection of the authorized body to issue consent to the acquisition of the status of a major participant in a bank (bank holding);

7) the rejection of the authorized body to issue a permit to establish a subsidiary bank or a significant participation in the capital of another bank;

8) the failure to address the comments of the authorized body on the submitted documents and (or) information within the time period specified in part three of paragraph 8 of Article 10 of the Law on Banks;

9) the inaccuracy of data (information) in documents and (or) information submitted by the service recipient to obtain permit;

10) the absence of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan “On personal data and their protection” to access sensitive personal data that are required to provide the public service.

When issuing a permit to open a branch of a bank – non-resident of the Republic of Kazakhstan:

1) the non-compliance of the name of the branch of a bank – non-resident of the Republic of Kazakhstan with the requirements established by paragraph 2 of Article 14 of the Law on Banks;

2) the absence of an impeccable business reputation of the bank’s executive employee, a non-resident of the Republic of Kazakhstan, opening a branch in the territory of the Republic of Kazakhstan;

3) the failure to comply with the requirements established by Article 15 of the Law on Banks;

4) the failure to address the comments of the authorized body on the submitted documents and (or) information within the time period specified in part three of paragraph 6 of Article 16 of the Law on Banks;

5) the inaccuracy of data (information) in documents and (or) information submitted to obtain permit;

6) the absence of the consent of the service recipient provided in accordance with Article 8 of the Law on Personal Data, to access sensitive personal data that is required to provide the public service.

• appeal;
• initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

• Full name, IIN, postal address of a natural person, BIN of a legal entity;
• name of administrative body, official to whom the appeal is submitted;
• the essence of an appeal;
• date of filing an appeal;
• signature of the applicant or his representative;
• other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"