Issue of a license (basic, universal) to banks, branches of non-resident banks of the Republic of Kazakhstan to carry out banking and other operations

1.    An application for receiving of a universal banking license or a basic banking license (for a bank) (with attached copies of documents confirming the authority of the person to submit the application and the documents and information attached thereto).

2.    A notary certified copy of the service recipient's articles of foundation.

3.    A document confirming the license fee payment to the budget for the right to engage in certain activity types except in cases where the fee is paid through the digital government payment gateway.

4.    Documents required for the approval of the persons proposed for the positions of executives of the service recipient, in accordance with the requirements established by Article 45 of the Law on Banks and Article 9-4 of the Law on State Regulation.

5.    A copy of the service recipient's development strategy for the next three years, which complies with the requirements of the authorized body for the risk management and internal control system.

The service recipient's development strategy includes information on the service recipient's organizational structure, the service recipient's budget for the financial year in which the application is submitted, including the projected data on the service recipient's compliance with prudential standards, as well as the expected calculation of the prudential standards of the banking conglomerate of which the service recipient will be a part in the event that the acquisition of the status of a banking holding company by the service recipient's parent organization leads to the creation of a banking conglomerate.

6.    The staffing schedule of the service recipient indicating the last names, first names and, if any, patronymics (if indicated in the identity card) of employees.

7. Copies of documents confirming the payment of the bank’s authorized capital, the minimum amount of which is established in accordance with paragraph 2 of Article 8 of the Law on Banks.

1.    An application for a universal banking license (for a branch of a bank that is not a resident of the Republic of Kazakhstan) (with the attached copies of documents confirming the authority of the person to submit the application and documents and information attached thereto).

2.    The documents provided for in subparagraphs 3), 4), 5) and 6) of part two of this paragraph.

3.    A notary certified copy of the branch regulations approved by the governing body of a non-resident bank of the Republic of Kazakhstan.

4.    A written commitment (confirmation) of a bank – non-resident of the Republic of Kazakhstan to accept responsibility for obligations arising in the course of carrying out the activities of its branch in the territory of the Republic of Kazakhstan, and to account for such obligations on the balance sheet of the bank – non-resident of the Republic of Kazakhstan.

5.  A copy of the current license (current permit) of a non-resident bank of the Republic of Kazakhstan, issued by the financial supervisory authority of the state of which the non-resident bank of the Republic of Kazakhstan is a resident, stating the list of permitted operation types.
This license (permit) is submitted if, after submitting an application for a permit to open a branch of a non-resident bank of the Republic of Kazakhstan, as provided for in paragraph 1 of Article 16 of the Law on Banks, the list of operation types that the non-resident bank of the Republic of Kazakhstan is entitled to carry out has changed, or the non-resident bank of the Republic of Kazakhstan has received a new license (new permit).

1.    An application for receiving a banking license to carry out additional types of operations (with attached copies of the documents confirming the authority of the person to submit the application and the documents and information attached thereto);

2.    A copy of the updated financial stability restoration plan provided for in Article 88 of the Banking Law;

3.    A document confirming the payment to the budget of a license fee for the right to engage in certain activity types, except in cases where the said fee is paid through the digital government payment gateway.

1.    An application in any form signed by the chief executive of the service recipient or a person authorized to submit the application (with the attached copies of documents confirming the person’s authority to submit the application and documents and information attached thereto).

2.    A copy of the document confirming payment of the license fee for the right to engage in certain activity types when issuing a duplicate license, except in cases of payment through the digital government payment gateway.

1.    An application for re-issue of a universal banking license, basic banking license (with attached copies of documents confirming the authority of the person to submit the application and documents and information attached thereto).

2.    The original banking license, in the event that one or more banking and/or other operations are excluded from the licensed activity type (if the previously issued banking license was issued in hard copy format).

3.    A copy of the document confirming the payment of a license fee for the right to engage in certain activity types when re-issuing a banking license, with the exception of cases of payment through the digital government payment gateway.

4.    Copies of documents containing information on changes that served as the basis for reissuing a banking license, with the exception of documents, information from which is contained in the state information systems.

1.    An application for re-issue of a basic banking license to a universal banking license (with the attached copies of documents confirming the authority of the person submitting the application and documents and information attached thereto).

2.    The original banking license (if the previously issued banking license was issued in hard copy format).

3.    A copy of the document confirming the payment of a license fee for the right to engage in certain activity types when reissuing a banking license, with the exception of cases of payment through the digital government payment gateway.

! It is barred to reject the receipt of an appeal.

1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

2. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.