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Consent for the appointment (election) of executives of financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (re-insurance) organizations- non-residents of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, banking, insurance holdings, Joint Stock Company "Fund for guaranteeing insurance payments”

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

A letter from the authorized body addressed to the recipient of the state service containing information on the approval granted for the appointment (election) of a management employee to a specific position (specific positions), or a reasoned response refusing to provide the state service.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver the public service?

1) non-compliance of the candidate for the position of a management employee with the requirements established by Article 9-4 of the Law on State Regulation, Subparagraph 20) of Article 1, Paragraph 4 of Article 54, Paragraph 2 of Article 59 of the Law of the Republic of Kazakhstan “On Joint Stock Companies” and Article 9 of the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting”;

2) a negative test result.

Negative test results include:

  • the test result of the candidate for the position of a management employee being less than seventy percent of correct answers;
  • violation by the candidate for the position of a management employee of the testing procedure established by the authorized body;
  • failure of the candidate for the position of a management employee to appear for testing at the appointed time before the expiry of the period for approval of the candidate for the position of a management employee by the authorized body;

3) failure to remedy the comments of the authorized body or submission of documents revised taking into account the comments of the authorized body after the expiry of the period established by Paragraph 6 of Article 9-4 of the Law on State Regulation and the Rules;

4) violation of the procedure for appointment (election) of a candidate to the position of a management employee established by the legislation of the Republic of Kazakhstan;

5) submission of documents after the expiry of the period established by Paragraph 6 of Article 9-4 of the Law on State Regulation, during which the management employee holds his/her position without approval by the authorized body;

6) the authorized body having information that the candidate for the position of a management employee has committed actions recognized as having been committed for the purpose of manipulating the securities market and/or resulting in damage to a third party (third parties).

This requirement shall apply for one year from the date of occurrence of the earliest of the following events:

  • recognition by the authorized body of the actions of the candidate for the position of a management employee as having been committed for the purpose of manipulating the securities market;
  • receipt by the authorized body of information confirming the fact that such actions resulted in damage to a third party (third parties);

7) the authorized body having information that the candidate for the position of a management employee was a management employee (a person acting in such capacity) of a financial organization in respect of which, for committing actions recognized as having been committed for the purpose of manipulating the securities market, supervisory response measures were applied by the authorized body and/or an administrative penalty was imposed pursuant to Article 259 of the Code of the Republic of Kazakhstan on Administrative Offenses;

8) the authorized body having information that the candidate for the position of a management employee was a management employee (a person acting in such capacity) of a financial organization, or a stock exchange trader, whose actions resulted in damage to the financial organization and/or a third party (third parties) participating in the transaction;

9) the authorized body having information that the candidate for the position of a management employee was a stock exchange trader whose responsibilities included making decisions on matters that resulted in the violations specified in Subparagraph 7) of this Paragraph.

The requirements established by Subparagraphs 7), 8) and 9) of this Paragraph shall apply for one year from the date of occurrence of the earliest of the following events:

  • recognition by the authorized body of the actions of the financial organization as having been committed for the purpose of manipulating the securities market;
  • receipt by the authorized body of information confirming that the actions of the candidate for the position of a management employee resulted in damage to the financial organization and/or a third party (third parties).

The information specified in Subparagraphs 6), 7), 8) and 9) of this Paragraph shall also include information received by the authorized body from the financial supervisory authority of the state of which the financial organization, being a non-resident of the Republic of Kazakhstan, is a resident.

10) absence of the consent of the recipient of the state service, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”, to access restricted-access personal data required for the provision of the state service (for recipients of the state service who are individuals).

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.

! 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).

  1. 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.

 

 

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

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Полное название
Issuance of consent for the appointment (election) of executives of financial organizations, branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (re-insurance) organizations- non-residents of the Republic of Kazakhstan, branches of non-resident insurance brokers of the Republic of Kazakhstan, banking, insurance holdings, Joint Stock Company "Fund for guaranteeing insurance payments”
Получатели услуги
Legal entities
Стоимость услуги

Free

Срок оказания услуги

Within 30 working days

Услугу оказывает
The Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market
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