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Output of permission on voluntary reorganization of bank (banking holding)

Как получить услугу

Online

Legal entities

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.

Результат оказания услуги

Notification of the issuance of a permit for the voluntary reorganization of a bank (bank holding) or a reasoned response on refusal to provide a public service with a copy of the resolution of the Board of the Service provider attached.

Часто задаваемые вопросы

What can be the reasons for refusal to deliver a public service?

1) the absence of relevant decisions of supreme bodies of the reorganized service recipients;

2) the violation of the interests of depositors as a result of the proposed reorganization;

3) the violation of prudential standards and other mandatory standards and limits as a result of the proposed reorganization;

4) the violation of the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection as a result of the proposed reorganization: Grounds for refusal to provide the public service for issuing a permit for voluntary reorganization of a bank in the form of conversion into an Islamic bank:

1) the failure to eliminate the service provider's comments on the submitted documents within the time period established;

2) the non-compliance of an action plan for converting the bank into an Islamic bank with the requirements stipulated by Article 52-15 of the Law on Banks;

3) the non-compliance of a business plan with the requirements stipulated by subparagraph 4) of paragraph 2 of Article 52-14 of the Law on Banks, an appendix to this Public Service Standard;

4) the financial forecast of the consequences of the bank's conversion into an Islamic bank assumes a deterioration in the bank's financial standing as a result of its conversion into an Islamic bank;

5) the violation by the bank and (or) banking conglomerate of prudential standards and (or) other mandatory standards and limits and (or) the presence of an administrative penalty for an administrative offense provided for in parts six, eight of Article 213, Article 227 of the Code of the Republic of Kazakhstan "On Administrative Offenses" for 3 (three) consecutive calendar months preceding the date of filing an application for permit for voluntary reorganization of the bank in the form of conversion into an Islamic bank;

6) the violation of the interests of the bank's depositors as a result of the proposed conversion of the bank into an Islamic bank.

Grounds for institution of an administrative procedure

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.

Receipt, registration, withdrawal and revoke of an appeal

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

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.
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.
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.

Timeframe of administrative procedure that is under institution on the basis of an appeal

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).

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.

Complaints procedure

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.

Deadline for filing a complaint

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).
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.
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.

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

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Output of permission on voluntary reorganization of bank (banking holding)

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Legal entities

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Free of charge

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