Issuance of a license for conducting banking and other operations carried out by Islamic banks, branches of Islamic non-resident banks 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.

Documents required for submission to service provider:

When a service recipient a resident of the Republic of Kazakhstan applies for to obtain a license to conduct banking and other operations carried out by Islamic banks, branches of Islamic banks-non-residents of the Republic of Kazakhstan:

1. Application for a license to conduct banking and other operations carried out by Islamic banks, branches of Islamic banks-non-residents of the Republic of Kazakhstan.
2. A copy of the charter of the service recipient (notary certified in case of failure to submit the originals for verification).
3. A document confirming the payment of a license fee to the budget for the right to be engaged in certain types of activities, except for cases of payment through the "electronic government" payment gateway.
4. Documents of persons proposed for positions of executive employees of an Islamic bank, in accordance with the requirements of Article 20 of the Banking Law.
5. Regulations on internal audit service, credit committee, approved by board of directors of the bank.
6. Staffing table (indicating the surnames, names and, if available, patronymics of employees).
7. Copies of documents confirming the payment of authorized capital.
8. Documents confirming the fulfillment of the requirements of paragraph 2 of Article 26 of the Banking Law.

When a branch of an Islamic bank - a non-resident of the Republic of Kazakhstan applies to obtain a license to conduct banking and other operations carried out by Islamic banks, branches of Islamic banks - non-residents of the Republic of Kazakhstan:

1. Application for a license to conduct banking and other operations carried out by Islamic banks, branches of Islamic banks-non-residents of the Republic of Kazakhstan.
2. A document confirming the payment of a license fee to the budget for the right to be engaged in certain types of activities, except for cases of payment through the "electronic government" payment gateway.
3. Documents of persons proposed for the positions of executives of a branch of a non-resident bank of the Republic of Kazakhstan, in accordance with the requirements of Article 20 of the Banking Law.
4. Staffing table (indicating the surnames, names and, if available, patronymics of employees).
5. Documents confirming the fulfillment of the requirements of paragraph 2 of Article 26 of the Banking Law.
6. A document confirming the formation of assets accepted as a reserve, in accordance with the second part of paragraph 6 of Article 42 of the Banking Law.
7. Regulations on internal audit service, credit committee, approved by board of directors of an Islamic bank - a non-resident of the Republic of Kazakhstan.

When the service recipient applies to obtain a license to conduct additional banking and other operations carried out by Islamic banks, branches of Islamic banks-non-residents of the Republic of Kazakhstan:

1. Application for a license to conduct banking and other operations carried out by Islamic banks, branches of Islamic banks-non-residents of the Republic of Kazakhstan.
2. A copy of document confirming the payment of license fee, except for cases of payment through payment gateway of "electronic government".
3. Rules on general conditions for conducting additional types of banking operations.

When the service recipient applies for obtaining a license in case of voluntary reorganization of the bank in the form of conversion into an Islamic bank:

1. Application for a license to conduct banking and other operations carried out by Islamic banks, branches of Islamic banks-non-residents of the Republic of Kazakhstan.
2. A copy of the charter of the Islamic bank, if it is not available on the Internet resource of the financial reporting depository or if it can be obtained by the service provider through the portal (notary certified if the original charter is not submitted for verification).
3. A copy of the document confirming the payment to the budget of the license fee for the right to be engaged in certain types of activities, except for cases of payment through the payment gateway of "electronic government".
4. Regulations on the Council on the Principles of Islamic Finance of the Bank.
5. Rules on the general conditions for conducting operations of an Islamic bank.
6. Rules on the internal credit policy of an Islamic bank.

When the service recipient applies to obtain a duplicate license (if the previously issued license was issued in paper form):

1. An application in any form, signed by the first head of the service recipient or a person authorized to submit the application (with supporting documents attached).
2. A copy of the document confirming the payment of the license fee for the right to be engaged in certain types of activities when issuing a duplicate license, except for cases of payment through the payment gateway of "electronic government".

The service recipient applies for license renewal:

1. Application for renewal of a license (for an Islamic bank, a branch of an Islamic bank-non-resident of the Republic of Kazakhstan).
2. Original license, in case of exclusion of one or more banking and other operations from the licensed type of activity (if the previously issued license was issued in paper form).
3. A copy of the document confirming the payment of license fee for the right to be engaged in certain types of activities when reissuing a license, except for cases of payment through the payment gateway of "electronic government".
4. Copies of documents containing information about the changes that served as the basis for reissuing a license, with the exception of documents, information from which is contained in the state information systems.

1) the non-compliance with any of the requirements established by paragraphs 2 and 3 of Article 26, paragraph 5 of Article 52-17 of the Law on Banks;

2) the non-compliance of a banking conglomerate, of which the bank is a part, with established prudential standards and other mandatory norms and limits during the period of 6 (six) months prior to filing an application for a license to conduct banking and other operations;

3) the non-compliance with the requirement to form assets of a branch of a non-resident Islamic bank of the Republic of Kazakhstan accepted as a reserve, in accordance with part two of paragraph 6 of Article 42 of the Law on Banks;

4) the absence of a valid license for an Islamic bank non-resident of the Republic of Kazakhstan to conduct essentially similar banking or other operations, issued by the financial supervisory authority of the state of which the non-resident Islamic bank of the Republic of Kazakhstan is a resident;

5) the non-compliance of the size, composition and structure of the authorized capital of the bank with the requirements of Article 16 of the Law on Banks;

6) the non-compliance of the submitted documents with the requirements of the legislation of the Republic of Kazakhstan;

7) non-approval of the executive employee from among the candidates proposed for appointment (election) (for a newly created bank, opening a branch of a non-resident bank of the Republic of Kazakhstan);

8) the non-compliance with the requirement specified in paragraph 1-1 of Article 20 of the Law on Banks, regarding the presence among the executive employees of a branch of an Islamic bank non-resident of the Republic of Kazakhstan of at least two executive employees who are residents of the Republic of Kazakhstan;

9) the failure to pay the license fee for the right to engage in certain types of activities in the event of filing an application for a license for a type of activity;

10) with respect to the service recipient, there is a court decision (sentence) that has entered into legal force on the suspension or prohibition of the activity or certain types of activities subject to licensing;

11) the court, on the basis of a submission by a bailiff, temporarily prohibited issuing a license to the service recipient-debtor;

12) engaging in a type of activity is prohibited by the laws of the Republic of Kazakhstan for this category of legal entities;

13) the documents submitted by the service recipient to obtain a license and (or) data (information) contained therein are found to be unreliable;

14) the absence of the service recipient's consent, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", to access restricted personal data required to provide the public service.

The service provider refuses to reissue the license in the event of improper execution of the documents specified in parts nine and ten of paragraph 8 of this list of basic requirements for the public service provision.

• 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"